CAJ | 학술논문

1978年以来，中国逐步从“创法时代”迈向“修法时代”。1978—1993年，是中国改革启动及社会开始转折的艰难阶段，立法工作的重心放在对“政治屋顶”的修缮甚至重构上。1993--1998年，立法理念总体上注重与改革发展的决策相结合，市场经济法治化初现端倪。1998--2008年，法律创制步伐放缓，法律修改力度加大，市场经济法治化全面铺开。2008--2014年，立法进入引领全面深化改革的新阶段。梳理与总结1978--2014年改革进程中法律修改的基本经验，分析立法工作重心逐步向法律修改转移的特点，有助于准确理解全面推进依法治国进程中立法与改革关系的规律，更好地观察和把握中国社会的发展轨迹和未来趋势。
1978년이래，중국축보종“창법시대”매향“수법시대”。1978—1993년，시중국개혁계동급사회개시전절적간난계단，입법공작적중심방재대“정치옥정”적수선심지중구상。1993--1998년，입법이념총체상주중여개혁발전적결책상결합，시장경제법치화초현단예。1998--2008년，법률창제보벌방완，법률수개력도가대，시장경제법치화전면포개。2008--2014년，입법진입인령전면심화개혁적신계단。소리여총결1978--2014년개혁진정중법률수개적기본경험，분석입법공작중심축보향법률수개전이적특점，유조우준학리해전면추진의법치국진정중입법여개혁관계적규률，경호지관찰화파악중국사회적발전궤적화미래추세。
Since 1978, China is gradually moving from the ＂Law-creating Age＂ towards the ＂Law-re- vising Age＂. The basic development path of the revision of law in the past thirty years and more reflects the relationship between legislation and reform in China. During the period between 1978 and 1993, which was a difficult period for China in which the reform and social transition had just begun, the focus of legislative work was on renovating, even reconstructing, the ＂political roof＂. Between 1993 and 1998, the legislative organs began to attach importance to combining legislation with the decision-making on reform and development and bringing the market economy into the orbit of law. Be- tween 1998 and 2008, the pace of law-creation to slow down, greater efforts had been made in the revision of law, and the construction of a legal system of market economy had been carried out an all-round way. And between 2008 and 2014, legislation entered into a new phase of providing guid- ance to the deepening the reform in a comprehensive way. The promotion of reform through the revision of law is an indication that state governance is gradually modernized and brought into the orbit of the rule of law. Summarizing the basic experience of 1978 and 2014 and analyzing the characteristics of the towards the revision of law is conducive to the correct revision of law in the process of reform between gradual shift of the emphasis of legislative work understanding of the relationship between legislation and reform in the process of comprehensively promoting the rule of law and to better observing and grasping the historical path and the future trend of the development of Chinese society.