Research On The Standard Establishment Of Legal Liability Clause

The Articles committed to improving the level of norm, system and scientific of establishment of liability clauses in the legal texts. Firstly, research on the standard establishment of legal liability clauses will contribute to improving the shortcoming of basic concept and theory in the science of legislation, and have important significance in improving the basic theory. Secondly, as a part of essence structure of law, legal liability clauses play an important role in guarantee normative structure law. Thirdly, research on the legal liability clauses furthered enrich and expand theoretical system of legislation. At last, technical doctrine and research approaches of legal clauses have expanding the methods and path of legislation. As a important part of legal texts, research on the standard establishment of legal liability clauses also is the key of improving legislative technology and scientific legislation, research on the standard establishment of legal liability clauses can be able to provide useful information and reference for the legislative substantive departments. And then, it’s have an important and reaching significance of construction of the legislation technical hands, improving the legislation and promoting the process of building the rule of law in China.Contents of this article has six parts, including in the concept and type of legal liability clauses; the status and problem of legal liability clauses establishment; the idea and mode selection of legal liability clauses establishment; the principle of legal liability clauses establishment; the rule of legal liability clauses establishment; the connection of legal liability clauses establishment, expect of introduction and ending.The first part is the concept and type of legal liability clauses. In order to fully interpret the Normative Structure of legal liability, we should to analyses from the logic level; facts and values’level The first level is logic level, the second level is fact level and the third level is values’level. These levels had constitute a closely related chain relationships. As such, Comprehensive and accurate understanding the concept of legal liability need to reading from the logic level; facts and values’level. That is, the legal liability is a right relief of legal relationship, it is produced in Illegal acts encroach right in the legal text. The legal liability clause is the clause, it is express the right relief of legal relationship, it is produced in Illegal acts encroach right in the legal text. At the same time, in order to help us better understand the concept of connotation and denotation of legal liability clause, we also need to reading the type of legal liability clauses.The second part is the status and problem of legal liability clauses. From a perspective of macro legislative changes to the situation of legal liability clause setting, we can discovery, legislators have increasing emphasis of value and function of legal liability, corresponding, the legislative level of scientific and technical is becoming better and better. Undeniable that, It is also have the Phenomenon, that is not set the legal liability clause in legal text. The problem of lack of liability clause is the many factors combined results. The problem of legal liability clause establishment including follows, the first problem is the integrity of the logical structure of legal liability clause establishment; the second problem is the coordinate problems of legal liability clause; the third problem is the links problems of legal liability clause; the fourth problem is the general problems of legal liability clause; the fifty problem is the Non-specification of language expression problems of legal liability clause.The third part is the idea and mode selection of legal liability clause establishment. The idea of legal liability clause establishment means the legislators should obey the values and ideas guidelines, when they setting up the legal liability clause establishment in the legal text. The idea of legal liability clause is play with guiding and leading role for the setting of principles and rules of legal liability clause. The establishment of legal liability clause should follow the idea, it is including the justification idea, rationality idea and modesty idea. For the questions, the mode selection of legal liability clause establishment should fully focus on the principle of facts. The centralized arrangement mode and the decentralized arrangement mode have difference between the pros and cons, how to choose these arrangement mode, it is base on the standard of easy access and concise statements in the legal text.The fourth part is the principle of legal liability clause establishment. The principle of legal liability clause establishment means the basic guidelines of setting and language expression of legal liability clause. The principle of legal liability clause establishment is the very important nexus, on the one side, the principle of setting is the further deepen and specific performance of the idea of setting; on the other side, the principle of setting is play with an important role for the express of rule and the standard of language of legal liability clause establishment. Therefore, the principle of legal liability clause establishment is an important key of entire standardization system of legal liability. The principle of legal liability clause establishment have five points, the first point is the legitimate principle of liability clause establishment; the second point is the correspond principle of liability clause establishment; the third point is the coordinate principle of liability clause establishment; the fourth point is the operate principle of liability clause establishment; the last point is the standard principle of liability clause establishment.The fifth part is the rule of legal liability clause establishment. The rule of legal liability clause establishment means a series of specific rules based on the principle of liability clause establishment, for the using of specific liability provisions set, with the guide of setting idea. It is contribute to more Scientific and rational, more clear and specific, more specification for the expression of liability clause establishment. At last, the liability clause can be effective protection implement of obligation clause and the entire legal text. The rule of legal liability clause establishment have three points, the first point is the logic rule of liability clause establishment, it is including three sides, that is the complete logic of legal liability clause expression, the clear logic of legal liability clause expression and the consistent logic of legal liability clause expression. The second point is the language rule of liability clause establishment, it is also including three sides, that is the accurateness of language liability clause expression, the simplicity of language liability clause expression, the specification of language liability clause expression. The third point is the rhetoric rule of liability clause establishment, it is also including three sides, that is what’s the rhetoric rule of liability clause establishment, why should we follow the rhetoric rule of liability clause establishment and how should we uphold the rhetoric rule of liability clause establishment.The sixth part is the connection of legal liability clause establishment. As an important part of legal text, legal liability clause establishment need to effect connection, excepting the ideas, the principles and the rules of legal liability clause establishment. The connection of legal liability clause establishment is including the two sides, on the one side, it is the external connection of legal liability clause establishment. It has four points, that is the connection of liability clause establishment in the different text, the connection between the liability clause and obligation clause, the connection between the liability clause and reward clause, the connection between the liability clause and others clause. On the one side, it is the internal connection of legal liability clause establishment, It has three points, that is the combination of elements of liability clause, the connection between the different liability type, the connection between the different liability form.