The Establishment Of The Legislative Basis In Legal Texts

Standardize the structure of the law is an important goal for a country with statute law. Standardize some specific provisions is a necessary step to reach that goal, since the normalization of the whole law structure can be achieved only if its every specific aspect is normalized.。The provision of legislative basis is an essential part of the law system, so it is of great significance to set up the provisions of legislative basis scientifically.Legislative basis is about the accordance when a legislative subject making a specific law. And according to the situation in China, legislative basis mainly means the basis in law and basis in fact.。The basis in law is to show that the provision is legal, and the basis in fact determines whether the provision is applicable. Meanwhile, we must clarify the relationship between the legislative basis, goals, and the source of legislative power before we can truly understand the legislative basis.Legislative basis includes law basis and fact basis, and the law basis includes constitution basis and other kinds of laws. The Legislative law and Constitutive law are of high importance among the other kinds of laws. Moreover, the legislative basis differs from one kind of law to another. Legislative basis also varies due to the different legal hierarchy, different sources of legislative power, and different levels of laws. We discuss all of the factors in this paper.The provisions of lawmaking basis in legal texts ensured the legality and applicability of the law, and it also ensured the standardization and scientific of legal hierarchy and the structure of the law. When setting the provisions of legislative basis, the legal subject mainly based on the conception of positive law, the modern lawmaking system in China, and the source of the legislative power. Despite that the provisions of legislative basis are important, there are still many problems exiting in the implementing of the law. These problems include lacking unified standard whether to set up a certain provision, the format of the provision is not uniformed, extra mistakes occure in the enumaration of the legal basis, and ambiguity words are used in the provisions, and so on. To tuckle these problems, the legislater should ensure the set up standard, unify the format of the provisions, clarify the legal basis, and regulate the writing of the law.This paper use empirical study and legislative technique, bases on the theoretical research, focuses on the analysis of the texts and discusses the existing problems of the provisions of the legislative basis of China, then provides applicable measurements.