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在当下的社会转型期,“立法先行”、构建制度成为公认的社会问题解决之道。本文在分析建设社会信用体系为何要立法先行、立法如何先行,以及法律人该怎样先行的基础上,指出“立法先行”策略是一种在现阶段各种制度约束下对原制度改革创新的路径依赖,我国目前的立法先行应以将来不用再“立法先行”为宗旨。更指出立法,尤其是我国现阶段的诸多产业立法应该被改造成为一门政策科学;而法律人,特别是校园法律人,如果不具有经济学家的能力和政治家般的决策眼光,迟早会被立法“市场”淘汰。
In the current period of social transition, “legislation precedent ”, building the system has become recognized as a solution to social problems. Based on the analysis of why the legislation of social credit system should be legislated, how the legislation should go before it and how the legal person should go before it, this article points out that the strategy of “legislation precedence” is a reform of the former system under the constraints of various systems at this stage. The path of China’s current legislation should be no longer the first “Legislative first” as its purpose. Furthermore, it points out that legislation, especially at the present stage of our country, should be transformed into a science of policy. But lawyers, especially school lawyers, sooner or later, without the capacity of economists and politicians to make policy decisions, Be eliminated by legislation “market ”.