（中南财经政法大学 法学院，湖北 武汉 430073）
Retrospect and Prospect of temporary Law in the 70 Years since the Founding of The People’s Republic China
（School of Law, Zhongnan University of Economics and Law, Wuhan 430074,China）
Abstract: The temporary law came into being in the early stage of China's establishment and played an important role in the formation of China's legal system. Through the investigation of the development process of temporary law, the change of the number of the legislation of the temporary law is closely related to the reform process. This proves that the temporary law is an important legislative form to regulate the relationship between reform and legislation. According to the changes in the number of legislation, the development process of temporary law can be divided into four stages: germination, surge, first decline and moderation of decline. There are different reasons for the existence of temporary laws in different periods, and they have characteristics in subject, content, procedure and law construction. On the whole, the form of temporary law shows the trend of enlargement of legislative subject and system space, differentiation of legislative content, openness of legislative procedure, and continuous evolution of law structure. After 70 years of development, the legislative practice of temporary law is many, but the norms are not enough. By restricting the subject, restricting the authority, restricting the procedure and perfecting the construction of the law, we can achieve the goal of legislation according to law of the temporary law and maintain the unity of the legal system.
Keyword: The temporary law; Legislative subject; Legislative authority; Legislative procedure; The Construction of Law