Legal Texts In Terms Of Legal Remedies Set Research

Legal remedies clause is an important legal texts terms, a variety of different forms of legal remedies in the legal form of the terms in the text. I want to analyze the "legal text" limited to our current levels of various central and local normative legal documents. Range of legal remedies clause is not limited to the terms of the administrative litigation and administrative review provisions, which shall include the scope of the legitimate rights and interests are infringed upon all parties concerned to implement the terms of relief for all forms of normative legal documents stipulated. Through our current legal texts in terms of legal remedies empirical analysis, and then summed up the law and the legal remedies provisions set for the scientific problems of legislative activity are helpful.Two types of legal remedies in terms of legal texts and legal liability provisions are confusing terms, meaning that they are two different concepts, the difference is mainly reflected in the basis generated object role, reflecting the extent of the relationship and adopt mandatory measures and so on. Legal remedy is a right of citizens, have no right to be no relief, relief is related to the existence of the right to exist as a legal basis, and the same, there would be no right to relief. If a right can not be protected through legal means, then this right would be difficult to call it right in the legal sense. Our system of civil rights remedies include:judicial remedies, administrative relief, relief aid and public grievance complaint report and so on.By some normative legal documents of the past two years to develop (laws, administrative regulations, departmental rules, local regulations, local government regulations, autonomous regulations and separate regulations) statistical analysis can be seen, in terms of legal remedies General, points then and by-laws in both settings, but the vast majority of the distributed method to appear in General and supplementary provisions as exceptions. Existing normative legal documents in terms of the number of legal remedies are rarely located in General, but also in terms of the amount of legal remedies in order to protect the accused to report complaints remedies and rights of citizens based, which is determined by law General Content the particularity of the decision, the general part of the contents of the law to programmatic, and general principles of behavioral characteristics, the basic content of law principles, objectives, effectiveness and scope of the main provisions of legal remedies and the main content is legal remedies conditions, methods and procedures, and its content is more specific and sophisticated, more workable, and thus not suitable for being set in the General Law. The point is in terms of legal remedies in the number of law not only occupy an absolute majority, but on the content of the law than provided in the law in general and the legal remedies provisions are more comprehensive and wide-ranging, covering judicial relief all the way to the right of legal redress administrative relief, public assistance benefits, appeals, complaints and report and so on. If our normative legal documents in terms of legal remedies provided in the General Part of a small amount of land law, then, the legal remedies provided at law provisions of Annex portion described as " rare." The reason lies in Annex unique value method and the legislative status and functions in the legal text. With respect to the law in general and of the contents of a large number of entities provisions of Annex law and general principles of the legal aid exists in the text, so, regardless of the form or the content of the law from the terms provided in the Annex section Relief Act is inappropriate.And provisions as embodied in normative legal documents legal right to relief, legal remedies clause is essential legal texts is an important clause, has an important role in the legal text. It not only provides legal protection for the relief of the rights of citizens, and effectively protect the laws and regulations operability, set the terms of legal remedies, including the conditions for access to legal remedies, procedures, and methods, etc., makes the implementation of civil rights and legislation realize the value has been a strong guarantee. On the other hand, setting the terms of legal remedies also reflects the structure of the standardized requirements law can ensure the integrity of the content of law, science, and lay the foundation for the scientific method to set each part, thus ensuring not only at the micro level more achieve standardization law at the macro level structure.A complete terms of legal remedies, including legal remedies are usually the conditions, methods and procedures. China’s current legal texts in the form of setting conditions for a variety of legal remedies for the relief conditions set in the legal text can be investigated from different angles, including interests in dispute between the parties, the legitimate rights and interests have been violated and that the specific administrative act or illegal conduct of others, for administrative acts of the executive authorities refused to accept the like. Set in the form of legal texts legal remedy conditions are varied, and its essence is the legitimate rights and interests have been compromised, the different forms of legal relief conditions are around safeguarding the legitimate interests of the parties of the center to be set. Relief and civil rights enjoyed by diverse adapt our legal text also provides various forms of legal remedies, such as complaints, conciliation, mediation, arbitration, administrative reconsideration, litigation. For the legitimate rights and interests are infringed party to provide relief in different ways according to their nature and extent. Legal relief program is in line with legal remedies in the case of the condition, the remedy prescribed by the law to achieve the right remedy specific steps and processes. Set of legal texts legal relief program mainly in two ways. First, set up a special relief program in legal documents (procedural law), as the other legal remedies to invoke the provisions of the terms and supporting legal documents. Second, it is to set up relief programs in addition to the aforementioned legal documents in other normative legal documents in the ordinary legal remedy provisions.Through the text of the existing normative legal documents analysis, we can see that the current text of the law, there are some problems in setting the terms of legal remedies, the first is the lack of legal remedies provisions in the text of the law is not only lack of legal remedies provisions of situation is very common, in terms of legal remedies set up legal documents, the number of legal relief provisions are also very small. Secondly, the legal remedy provisions set position confusion, legal remedies provisions set position should be determined according to the value of the function of each part of the law, by-laws and parts of laws of the General Law of legal remedy is not appropriate to set the terms. Third, there is the problem of vague language in legal texts legal relief provisions. Defects in the face of legal texts set in terms of legal remedies, should be improved in future legislative practice. Make up the formulation and revision of laws in the process of legal remedies clause is missing, the legal remedies provided in terms of the law in terms of legal remedies regulate legal terms, to the accuracy of the standard legal terms.