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现代意义的法律必须是公之于众的法律,而不是束之高阁的法律。对此,法学界早已达成共识,并无分歧意见。但是,公布法律是立法的必经程序,还是法律实施的条件,却有两种不同的意见。法学界多数人认为,公布法律是立法的必经程序;但也有人认为公布法律不是立法的必经程序,而是法律实施的条件。这两种不同意见不单纯是学术之争,而直接关系到立法实践,例如正在起草中的立法法要不要规定公布法律的问题。笔者就此问题谈谈个人的看法和意见。笔者赞同法学界多数人的意见,即公布法律是立法的必经程序。但是以往由于没有人对此提出不同意见,所以把公布法律是立法的必经程序一般作为公理来看待,往往一语带过,没
The law of modern significance must be made public by law, not a law of exodus. In this regard, the legal profession has long been a consensus, there is no disagreement. However, there are two different opinions on whether the promulgation of laws is a necessary procedure for legislation or the conditions for implementing laws. Most people in the jurisprudence think that the promulgation of laws is a necessary procedure for legislation. However, some people think that the promulgation of laws is not a necessary procedure for legislation, but a condition for law enforcement. These two dissenting opinions are not merely academic disputes but are directly related to legislative practice. For example, the legislative law being drafted should not stipulate the issue of the law. The author on this issue to talk about personal views and opinions. The author agrees with the opinion of the majority in the legal science community that the promulgation of laws is a necessary procedure of legislation. However, in the past, no one put forward any disagreement on this point. Therefore, it is usually necessary to consider the procedure of publishing laws as legislation, usually with the passage of time.