河北法学2024，Vol.42Issue(1)：132-149,18.DOI:10.16494/j.cnki.1002-3933.2024.01.008
"社会治理现代化"背景下科学立法的事实证明
The Proof of Facts of Scientific Legislation Under the Background of"Modernization of Social Governance"
摘要
Abstract
The proof of legislative facts is the internal requirement of scientific legislation and the important proof path of scientific legislation.There are legislative reason explanation activities in the legislative project approval.In terms of nature,the fact is the indispensable part of the legislative reason;in terms of function,it is the core indicator of the adequacy of the legislative reason.The legislative facts are related to the legislative purpose,and the proof of legislative facts is the key to the awareness of legislative issues,which is beneficial to the accurate convergence of social consensus;the legislative facts are related to legislative demonstration,the proof of legislative facts is the key to the adequacy of project approval demonstration and can provide an effective basis to social governance;the legislative facts are related to the legislative efficiency,and the proof of legislative facts is the key to improve the passing rate of representative proposals or legislative projects,which can enhance the participation and implementation of governance subjects.The proof of legislative facts includes the proof objects and the implementation mechanism.The realization mechanism of legislative fact proof is composed of the proof subject,basic organization system and proof mechanism;the legislative fact itself and its three dimensions are the proof objects of legislative facts,including the relevance and degree of legislative facts,the universality and significance of legislative facts,and the undesirable value evaluation;presentation,cross-examination and certification of evidence are the proof mechanism of legislative facts.关键词
立法事实的证明/科学立法/立法立项/社会治理/实现机制Key words
proof of legislative facts/scientific legislation/legislative project approval/social governance/inplementation mechanism分类
社会科学引用本文复制引用
卫凯博,江国华.."社会治理现代化"背景下科学立法的事实证明[J].河北法学,2024,42(1):132-149,18.基金项目
本文系国家社科基金青年项目"紧急状态下公民权利克减的法治难题及其对策研究"(21CFX016)阶段性成果. （21CFX016）
