在起草新闻法过程中,有两种不同的主张。一种强调立法要从现实(实际)出发。另一种以“立法活动是一种理性活动”为理由,强调要按理性的要求制定新闻法,否则就是要人们盲目地、被动地适应现实,以求生存,就是提倡群众盲目地服从现实,一切照办。这实际上是一种“超前”立法的主张,笔者对此不敢苟同,愿与“超前”立法论者商榷。(一)立法要不要强调从现实(实际)出发,首先要弄清楚法律与现实的关系,从理论上分清是非。 There are two different kinds of ideas in the drafting of the press law. An emphasis on legislation should proceed from reality (reality). Another reason is that “legislative activities are a kind of rational activities”, emphasizing that press law should be formulated in accordance with the requirements of rationality. Otherwise, people should blindly and passively adapt themselves to the reality so as to survive. That is, they advocate that the masses follow the reality blindly, Take care of everything. This is actually a proposition of “advanced” legislation. I disagree with this and would like to discuss with the “advanced” legislative argument. (1) Whether legislation should emphasize proceeding from the reality (reality) first of all should clarify the relationship between law and reality and make a clear distinction from the theoretical point of view.