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科学立法是依法法国的首要前提,精细化立法则是科学立法的基本要求。我国长期以来奉行的“宜粗不宜细”立法理念虽然为我国社会主义法律体系的建立健全发挥了重要作用,但却在一定程度上影响了立法质量,原则过于抽象,缺乏可操作性、针对性的立法,严重影响了法律的实施。精细化立法可以弥补粗放立法的弊端,实现科学立法的目标需要。精细化立法一方面要进行前期的充分论证,开展广泛的社会调研,了解基本国情,确立立法条件已成就的范围,另一方面,要进行事后评估,确保所立法律的可操作性和社会针对性,从而提高立法质量和法律实施的社会效果。
Scientific legislation is the foremost prerequisite for France according to law, while elaborate legislation is the basic requirement of scientific legislation. Although China has long pursued a law of “not coarse or fine”, the concept of legislation played an important role in establishing and perfecting the socialist legal system in our country. However, it has affected the quality of legislation to some extent. The principle is too abstract and lacks maneuverability. Targeted legislation has seriously affected the implementation of the law. The elaboration of legislation can make up for the shortcomings of extensive legislation and the need to achieve the goal of scientific legislation. On the one hand, the elaboration legislation needs to carry out the full justification of the previous period, carry out a wide range of social investigations and studies, understand the basic national conditions, establish the scope of the legislative conditions that have been achieved, and on the other hand conduct ex post facto assessments to ensure the legality of the legislature and society So as to improve the quality of legislation and the social effects of law enforcement.