立法时机决策论——《劳动合同法》引发的思考

立法时机是指立法者做出是否立法以及何时立法的决策时所应考虑的各项主客观条件。立法需求和立法可能是正确地决策立法时机的两大要素。前者包括社会关系的广度、深度等三个层面,后者则涵盖了立法能力等三个层面。

Policy on legislation time-thinking onlabor contract law

The legislation opport unity is the various subjective and objective conditions considered when making decision about whether legislation or not and the choice of legislation time.The legislators should consider two factors of legislation need and legislation possibility when choosing the legislation opportunity.The legislation need includes three factors,such as the extent and the depth of human relations in society,etc.The legislation possibility also includes three factors,such as the legislation ability,etc.