CAJ | 학술논문

我国立法速度过快、数量过多以及立法所涉范围过广的问题,应当引起我们对由此可能导致的法律确定性、权威性的减损和法律实施困难等负面效应的警觉,以及对＂法律万能论＂、立法动机错位和立法权中心化的反思,并在此基础上,努力寻求立法理念的转变与提升,扩大立法中的民主参与,鼓励并支持提高社会自治能力,以提高立法质量,遏制过快发展的立法活动。
아국입법속도과쾌、수량과다이급입법소섭범위과엄적문제,응당인기아문대유차가능도치적법률학정성、권위성적감손화법률실시곤난등부면효응적경각,이급대＂법률만능론＂、입법동궤착위화입법권중심화적반사,병재차기출상,노력심구입법이념적전변여제승,확대입법중적민주삼여,고려병지지제고사회자치능력,이제고입법질량,알제과쾌발전적입법활동。
Guided by the misplaced legislative concepts such as Romanticism and Decorationism, Chinese legislature accelerates with too many laws being promulgated and the range of the legislative area con-tinuously expanding. The trends should make us alert to the possible negative effects such as damage to the certainty and authority of law and the difficulty in law implementation. Also, we should reflect on the reasons that beget the inflation of legislature, such as the theory of omnipotence of law, misplacement of legislative motives, and centralized legislative activities. Based on the reflection, we try to find a shift and uplift in the legislative conceptions, expand democratic participation in legislature, and encourage and support improvement in the ability of social self-government so as to expect improvement in legislative quality and to contain the too rapid growth of legislative activities.