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Discuss The Normative Structure Of Supplementary Provisions Of Law

Posted on:2012-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:J Q ShaoFull Text:PDF
GTID:2216330338465545Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The statutory law, specially the modern statutory law, its content structure and the arrangement usually include the general rule, divide and supplementary provisions three parts. Because of restriction of its contents and legislative technical arrangements, supplementary provisions which have few clauses are generally be located at the final placement in the statutes. Therefore it has not obtained legislator's attention and also lacks corresponding fundamental research, leading to not satisfactory quality. The main problems include neglecting the essential contents, or arranged to the other two parts; clauses'arrangement are unreasonable for lacking logic; expression of contents also exist defection, appearing so many flaws that create barriers to the law enforcement. In fact, supplementary provisions can't be neglected, for delegated clauses, the effective date and other articles in the supplementary provisions are essential contents for a Statute Law. It plays the important role of safeguard for law enforcement and facilitates access to equity and procedure justice and other value of law. In view of current situation of supplementary provisions and the existing problems, the solution focuses on improving legislative technology. Because legislation is the beginning of executing law and observing the law, so it is the core issue to ensure the quality of law itself and implementation of law successfully. Enhancing legislation technology of supplementary provisions is the inevitable choice for constructing the normative structure. At the foundation of searching massive laws and regulations, this text reveals present legislative situation of supplementary articles of our country and analyzes existing problems through empirical analysis method. Proposing suggestions for legislation technology to perfect our country's supplementary articles is the highlight of this article.First,defines the content scope of supplementary provisions, which is not any content may put in, thus limits certain unreasonable contents to put in, enhancing its scientific. Next, it is very important to regulate legislative expression technology of supplementary provisions. As a external material form of legal content, it delivers legislative approach, legislative police, legislative values through strict and accurate language, and should form strict rules. At last, we need to arrange the logic order of provisions reasonably which reflects the clarity of thinking. Reasonable logical order of thing is not in accordance with regular pattern of human thought, but also benefit to understanding law itself, and contribute to the implementation of law as well. The purpose of this paper is to explore a simple, efficient and standardized way which can brings a little inspiration to drafting supplementary provisions of our country. The result is increasing the quality of it's legislation and provide guidance for practical needs.
Keywords/Search Tags:supplementary provisions of law, normative structure, legislative technology, legislative representation
PDF Full Text Request
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