Study On Validity Of Law

Taking stipulations about legal validity in almost two hundred laws made in force by National People's Congress and its Standing Committee as examples, this dissertation studies present situation of stipulations concerning legal validity in Chinese law.It consists of the foreword, main text and conclusion. The foreword gives a brief description about the present situation of legal validity in china and the methodology used in the article.The main text has four chapters. Using the concepts of legal latitude and relative validity and the theory of legal movement, the first chapter defines validity and limitation of law. The first chapter introduces firstly the concept of validity of law, classifying forms in which law takes effect; then it analyzes the difference and relationship among legal validity, passage, promulgation and enforcement. In the third chapter, effective date of law is made clear firstly; then based on statistics of law in effect made by National People's Congress and its Standing Committee, the forms of stipulations about effective date are assorted and studied according to the standard of terms stipulating the effective date and standard of time space between the dates of entry into force and promulgation. The third chapter also analyzes the customs of terming in description of effective date by national people's congress and its standing committee all the years, giving a picture aboutthe distribution of such effective forms as immediately effective, effective in half year, effective after half year in legal branches. The fourth chapter points out at first five defects in Chinese legislative practice, i.e., the form of legal validity is not standard; terms of effective date are confused; the clause stipulating effective date is missing; the form of immediately effective is used too much; the subheading of law is inconsistent with the terms of effective date in the main body of law. Four solutions are suggested to correct them, i.e., firstly, terms regarding effective date should be legalized and standardized; secondly, the irregular usage of stipulations should be abandoned; thirdly, such practice should be put to an end as that law contains no effective date clause; andfourthly, form of immediately effective should be adopted conditionally.In the end, the conclusion part reviews simply the issues that need further study.