改革中的先行先试权研究 (Research on Prior to Carry and Try in the Reform) (Chinese Edition) Book PDF, ePub eBook

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Book Descriptions:
以“先行先试”为主要策略的中国改革和法治之间往往存在难以协调的冲突。引致冲突的原因主要存在于四个方面：高度计划经济形态向市场经济转化；飞速的社会转型对各种制度安排，尤其是法律制度提出了严峻的挑战；人民对待法制的态度及法治观念；以及“先行先试”策略固有的副作用。本书指出在先行先试与法治之间并非绝对不能共存。事实上，“先行先试”具有发现“法律”的独特宪政与法治价值，不能轻言放弃，需要在今后的改革中继续坚持这一“试错”策略。至于它和法治之间客观存在的紧张关系，考虑到中国的特殊国情和现实背景，由有权主体作出授权，并辅之以法治国家的基本原理作为规范权力行使的边界，或许是解决冲突的一种较为适宜的选择。

Chinese reform, taking “prior to carry and try” as its major strategy, and Chinese legal system always have disputes that are hard to be balanced. There are four aspects of reasons that arouse such disputes: first, planned economy is speedily transforming to market economy; second, the rapid social transformation gives great challenge to various institutional arrangements, especially the legal institution; third, people’s attitude toward the legal system and the concept of law; four, the inherent side effect of “prior to carry and try”. The book puts forward that it’s not absolute that the strategy of prior to carry and try cannot coexist with the legal system. In fact, the strategy of “prior to carry and try” has the function of discovering the special constitutionalism and the value of legal system, so we cannot curtly abandon this strategy but should insist on it in the future reform. As for the strained relation between this strategy and the legal system, considering the special national conditions and real background in China, perhaps it’s better to let the subject of right to authorize and take the fundamental principle of the legal state as the boundary of exercising rights.

改革中的先行先试权研究 (Research on Prior to Carry and Try in the Reform) (Chinese Edition) by 王 诚

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