在一个选择了依法而治的国家,制度设计基本上都要通过法的形式体现出来,不管是政治制度、经济制度还是思想文化制度,其中行之有效且具有普遍性的内容都会或迟或早地被创制为国家法律。法的创制大体相当于广义的立法。立法是现代法治的起点,立法正义是制度正义的源头,体现的是制度产生的伦理,但现实社会里的法治却并不必然也不可能永远是良法之治。我国立法工作中一度存在借立法“扩权卸责”的现象,背离了现代法治 In a country that has chosen to rule by law, the design of the system basically has to be reflected in the form of law. Whether it be a political system, an economic system or a ideological and cultural system, the effective and universal elements of which will be either late or early The land was created as a national law. The creation of law generally corresponds to broad legislation. Legislation is the starting point of modern rule of law. Legislative justice is the source of institutional justice and embodies the ethics generated by the system. However, the rule of law in the real world is not always and surely the rule of good law. At the moment, there was a phenomenon of legislation by legislation in our country’s legislative work, which is a departure from the modern rule of law