On The Inclusion Of "Legislative Purpose" Clauses In Legal Texts

With the continuous improvement of legal process, current legislative career has been growing prosperously in our country. However, there are problems of legal text structure under this prosperous background. Legal structure standardization is an important issue in the current legislative study, structural approach to standardization is to study the legislative language, legislative format and legislative morphology on the basis of specific legal texts. Legal structure standardization needs to implement on specific clauses. Legislative purpose clauses are the vital clauses. By setting the clauses correctly, we can easily achieve the aim of legal structure standardization.The legislative purpose clause is a particular method in legal texts for the purpose of describing the whole legal texts. Different schools have different description of the meaning of legislative purpose clause. It can be divided according to the social relations regulated by law, different levels legal texts belonging to and different ways to approach.For the necessity of legislative purpose clause,"distinction theory" think that it need to be determined according to the actual need for concrete analysis of specific situations, which is a more comprehensive, objective statement. Role of legislative purpose clauses in the legal text is to coordinate the interests of all parties in legislation, guide legislation legislator’s direction, it is also an important criterion for judging the quality of legislation and the judiciary. In addition, it is one of the most important requirements to standardize the current legislation. And it can provide an important reference for future legislation activities.Through the study of China’s current laws and regulations neutrality law provision, we can find that legislative purpose clause has characteristics that it is not necessary terms, the location is uncertain, and various diversity due to historical reasons and legislation practice reasons. It also reflects the presence of current Chinese legislative practice of legislative purpose clause problems:location is not coordinated, setting standard is not unified, format is not standardized, hierarchical problem and abstract, which need to be focused on in the following amending law process.By investing major countries’ legislation practice, we can find that legislation purpose clause is a very important position in both Civil Law and Common Law countries. In addition, the statutes require legislative purpose provision should be clear and unified, which is a very important enlightenment to our country’s legislation.There are several ways to solve the problems existing in China’s current legislation work. We can solve these problems by clarifying the position of the legislative purpose clauses in the text, clarifying the types of the law who can set the legislative purpose clauses, regulating the format and content of the legislative purpose clauses and perfecting combination of legislative purpose clauses and legislative basis clauses.