立法者因作为义务的违反,造成宪法所欲实现的目的无法达成,甚至侵害到公民的宪法基本权利。因此,要考察立法不作为,首先需了解宪法是否课予立法者以作为义务。从实证角度来考察立法不作为,还必须考虑宪政法律秩序的需要是否对立法者构成了一种作为义务。 The legislator, as a violation of his obligations, has failed to reach the goal of the constitution and will even infringe upon the basic constitutional rights of citizens. Therefore, in order to investigate the legislative omission, we must first understand whether the constitution is taught to legislators as an obligation. To examine the legislative omission from an empirical point of view, we must also consider whether the need of the constitutional legal order poses an obligation to legislators.