Discuss The Normative Structure And The Technology Of Express Of General Provisions Of Law

In countries owning written law, law is generally divided into general provision, sub-provision and bylaw three parts on the design of law's external form. The general provision plays a leading role in the whole code of law, and is the central part in the legal text. Therefore, the scientization and normalization of its legislative technology also plays an important role correspondingly. Reasonable general provision framework, which is on the basis of the articles sequence arrangement with clear system and precise structure, and also accurate, normative and logically tight legislation presentation, can reflect lawmakers'will more accurately and effectively, and can also facilitate citizens to understand and master the law better. Yet regrettably, the researches of the legislative technique are really rare at present, and researchers who specially treat the general provision as the research object and make detailed technical researches are numberable. Under this background, on the research of the normative structure and expression technology of law's general provision, this paper is not only of theoretical but also realistic significance.This thesis contains six chapters.The main task of Chapter One is to define the general provision of law. It briefly reviews the formation, development and perfection of the Chinese ancient general provision, realizes the key position of general provision from its origin, and puts forward the concept of general provision and makes analysis, according to its content in recent and modern laws and scholars'relevant researches.On the basis of Chapter One, Chapter Two summarizes and generalizes the designing principles of the general provision, from the overall legislative requirement of acts discussions. It holds the opinion that the designment of general provision should own characteristics like leadingness, generality, abstraction, coordination and so on.Treating the lexlata as inspective object, through the comparative study of a lot of legal texts, Chapter Three summarizes the defects and deficiencies of general provision's normative structure, and divides it into two circumstances:one is that general provision should be established in law documents while it hasn't; the other is that the setting of general provision is unreasonable. This thesis points out these defects and deficiencies, at the same time, it gives a more normative structure arrangement which the author believes to be.Chapter Four is the main part of this paper. This chapter, beginning from legal text, analyze item by item. From the general provision's way of writing to the sequence, structure arrangement and language expression of the specific provisions, it has all made detailed analysis and representation. Thus it abstracts the normative frame of general provision which the author thinks reasonable:legislative aim (including legislative purpose and legislative basis), applicable range of law (including adjusting objects), definition of law's concept (namely defining items), principles of law, department in charge and relevant legal system or basic legal system, etc.Chapter Five discusses the language expression technology of general provision, which is a necessary supplement of Chapter Four. On the one hand, between the normative structure and language expression technology of general provision, cross and fusion will certainly exist, and they could not be discussed apart. And legislative expression in specific provisions has been made clear in Chapter Four. On the other hand, general provision has its particularity, relative to legislative language expression technology of law. Thus legislative expression technology could not be overall applied to general provision. Therefore, this chapter only discusses the generality in general provision's expression techniques, in certain height to classify and summarize the expression technologies applicable to the general provision.The last part of the paper is epilogue. It reaffirms the significance of general provision's normalization and scientization, striving to build a unified and systematic framework of law's general provision.