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| “Trial and Error” of China's Experimental Legislation and Its Application Limits — An Analysis Based on Karl Popper's Trial-and-Error Theory |
| Fan Chao |
| School of Law, Nanjing Normal University |
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| Guide |
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Abstract The path of reform is the process of gaining true knowledge through trial and error. In the context of comprehensively promoting rule of law, all major reforms must have a legal basis. To properly deal with the relationship between the variability of reform and the stability of law, the first step is to combine legislation with reform decision-making. Experimental legislation is a kind of legislative activity specially authorized by the NPC and its Standing Committee according to the “needs of reform and development”, and is the presentation and application of the trial-and-error concept in legislative practice and exploration. It must follow the logic of trial-and-error reform and the scientific thinking of legislative experimentation. As a problem-oriented exploration and trial one, Karl Popper's trial-and-error theory is based on specific needs, which has a strong reference significance for reform practice. The trial'and'error theory is more closely connected with the practical nature and core meaning of experimental legislation, which can prove the rationality of experimental legislation and the legitimacy of the trial-and-error process.The “trial and error” of experimental legislation has statutory limits of application, which needs to be recognized, understood and grasped in the perspective of trial and error theory.
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