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公文主旨是公文最主要的意义或目的,是在占有大量、丰富材料的基础上经过科学分析提炼而成的。近年来,我国一些地区非法鉴定胎儿性别的现象屡禁不止,导致出生人口性别比例严重失衡。这一问题已引起我国最高立法机构有关人士的高度重视。2005年2月25日,多位全国人大常委会组成人员在分组审议刑法修正案(五)草案时建议,尽快对刑法有关条款作出修改,严惩非医学需要的胎儿性别鉴定行为,以确保新出生人口性别比例的正常和平衡。以下通过分析这则立法建议案的审议过程,从立法与写作的角度来探讨立法公文主旨的提炼与优化。
The main purpose of official documents is the official document the most important meaning or purpose, is in possession of a large number of rich materials on the basis of scientific analysis derived. In recent years, the unlawful identification of fetal sex in some areas of our country has been repeatedly banned, resulting in a serious imbalance in the sex ratio at birth. This issue has drawn great attention from the people concerned in the highest legislative body in our country. On February 25, 2005, a number of members of the Standing Committee of the National People’s Congress proposed to review the draft articles (5) of the Criminal Law when they were divided into groups and proposed that the relevant provisions of the criminal law should be amended as soon as possible to severely punish the non-medical needs of the fetus to identify the newborn The normal and balanced sex ratio of the population. The following analysis of this legislative proposal through the deliberation process, from the perspective of legislation and writing to explore the legislative purpose of the essence of the refinement and optimization.