On legislative principles

Abstract

From our nation established,our legislation process has approximately come through three phases.Legislative historical experience and lesson urge us to think legislative theory.The viewpoints from Professor Li Bu-Yun on relation between our Party's policy and state's law will be introduced in this paper.He think that,legal criterion should be integrated,material,careful,while the law should be realistic,effective,authoritative.Legislation must affirm and safeguard human rights,attach importance to case law's applicability.On the base of these theories,we think that the legislative principles should include the proceeding principles and the substantial principles.The proceeding principles include that,legislation should be realistic,reducing the influence of interest group,noticing stability and deposition and rectify.The substantial principles include that,legal criterion can be done by mass people,law should enlist the most welfare of the most people,and law should affirm and safeguard human rights,and so on.