论文部分内容阅读
DOI：10.3969/j.issn.1674-9391.2020.04.002Abstract：Within the framework of “diversity in unity” of the Chinese nation， it is necessary to encourage more exchange， communication and integration among the different ethnic groups so as to forge a sense of community for the Chinese nation and realize the great rejuvenation of the Chinese nation. And， moreover， the establishment of a complete legal and regulatory system through scientific legislation is the fundamental prerequisite for adopting the rule of law， and for the ways of thinking and methods needed to maintain ethnic relations of equality， solidarity， mutual assistance and harmony， and to promote exchange and interaction among different ethnic groups.
From a legal perspective， the requirements of scientific legislation include the legislative process and legislative results. Judging from their relationship， although the scientific nature of the legislative process is an important factor that determines the scientific nature of the legislative results， one still needs to figure out whether the legal regulatory system， as a product of the legislative process， has problems， and based on this one should analyze whether the legislative process itself has been scientifically conducted， in order to clarify whether there are issues that need to be improved during the legislative process. Therefore， the formulation of scientific legislative judgment standards should be carried out by taking the static legal regulatory system as the object of evaluation. The analysis or judgment， no matter whether it is made during or after legislation， should follow the requirements of judgment standards for scientific legislation， and， the question of whether the legislative products meet the scientific requirements should be regarded as the fundamental problem to be solved. However， clarifying the judgment standards for scientific legislation only provides a possibility for solving the scientific nature of legislation. In order to realize this possibility， it requires legislators truly and fully conform to the requirements of scientific legislative standards while carrying out legislative work. Therefore， in order to effectively promote scientific legislation， one must establish a reasonable legislative system and mechanisms which ensure that scientific legislative standards can be effectively implemented in the legislative practice.
Generally speaking， whether or not the legislation is scientific should be judged from two aspects of whether the legal norms and regulations that have been formulated by the legislator are in accordance with the objective laws of economic and social development， as well as the inherent laws of the legal system. However， this only provides an analytical perspective with which to judge whether or not the legislation is scientific. In order to ensure the validity of the analysis and judgment， the legislator should strictly abide by the requirements of the formal and substantive rationalities that are determined by the “Legislation Law”. This requires not only solving the rigorousness of legal principles， the accuracy of legal concepts， the clarity and completeness of legal rules microscopically， but also requires solving the completeness and consistency of the legal norms and regulation system macroscopically. Meanwhile， it also requires seriously treating the adaptability between the legal norms and regulatory systems and the actual needs of cultural， social and ecological development. Only under such circumstances， can it eliminate the restraints of defects and loopholes found within the ethnic legal norms and regulatory system， such as the lack of rigorous expression of principles， the inaccurate definition of concepts， the unclear content of the rules， the unclear purpose of rules， and the incomplete systemic structure for exchange and interaction among different ethnic groups. It also needs to effectively respond to the legal needs formed by factors， such as the particularity of geographical spatial distribution， the differences （or gaps） in economic and social development and the diversities of traditional cultures within the context of the staggered and mixed residence of various ethnic groups; fundamentally handle the adaptability and enforceability issues of the law; and lay a solid institutional foundation for promoting exchange and interaction among different ethnic groups through the rule of law.
From a legal perspective， the requirements of scientific legislation include the legislative process and legislative results. Judging from their relationship， although the scientific nature of the legislative process is an important factor that determines the scientific nature of the legislative results， one still needs to figure out whether the legal regulatory system， as a product of the legislative process， has problems， and based on this one should analyze whether the legislative process itself has been scientifically conducted， in order to clarify whether there are issues that need to be improved during the legislative process. Therefore， the formulation of scientific legislative judgment standards should be carried out by taking the static legal regulatory system as the object of evaluation. The analysis or judgment， no matter whether it is made during or after legislation， should follow the requirements of judgment standards for scientific legislation， and， the question of whether the legislative products meet the scientific requirements should be regarded as the fundamental problem to be solved. However， clarifying the judgment standards for scientific legislation only provides a possibility for solving the scientific nature of legislation. In order to realize this possibility， it requires legislators truly and fully conform to the requirements of scientific legislative standards while carrying out legislative work. Therefore， in order to effectively promote scientific legislation， one must establish a reasonable legislative system and mechanisms which ensure that scientific legislative standards can be effectively implemented in the legislative practice.
Generally speaking， whether or not the legislation is scientific should be judged from two aspects of whether the legal norms and regulations that have been formulated by the legislator are in accordance with the objective laws of economic and social development， as well as the inherent laws of the legal system. However， this only provides an analytical perspective with which to judge whether or not the legislation is scientific. In order to ensure the validity of the analysis and judgment， the legislator should strictly abide by the requirements of the formal and substantive rationalities that are determined by the “Legislation Law”. This requires not only solving the rigorousness of legal principles， the accuracy of legal concepts， the clarity and completeness of legal rules microscopically， but also requires solving the completeness and consistency of the legal norms and regulation system macroscopically. Meanwhile， it also requires seriously treating the adaptability between the legal norms and regulatory systems and the actual needs of cultural， social and ecological development. Only under such circumstances， can it eliminate the restraints of defects and loopholes found within the ethnic legal norms and regulatory system， such as the lack of rigorous expression of principles， the inaccurate definition of concepts， the unclear content of the rules， the unclear purpose of rules， and the incomplete systemic structure for exchange and interaction among different ethnic groups. It also needs to effectively respond to the legal needs formed by factors， such as the particularity of geographical spatial distribution， the differences （or gaps） in economic and social development and the diversities of traditional cultures within the context of the staggered and mixed residence of various ethnic groups; fundamentally handle the adaptability and enforceability issues of the law; and lay a solid institutional foundation for promoting exchange and interaction among different ethnic groups through the rule of law.