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On The Argument Of Legislation And It’s Application

Posted on:2015-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:W R WeiFull Text:PDF
GTID:2296330467466218Subject:Legal logic
Abstract/Summary:PDF Full Text Request
Legislative argument refers to the process that legislators argue with each other as wellas hearing and other forms in the legislative activities on the basis of effective information,finally arrival at a conclusion whether the finding is effective or not. It aims to improve thequality of legislation. Therefore, it is really a vital way to realize a scientific legislation. Inthis essay, firstly,the writer is make the concept of legislative and demonstration clear,discusses in detail the legislative demonstration and its process. Secondly, this passageinvolves not only in the content it reports, but also in the angle of view including the subjectand object of legislative demonstration.This paper is divided into three parts:In the first part, we can see that the legislative demonstration is proprietary in the field oflegislation. In a word, the concept of legislative demonstration, the legislation andargumentation in many aspects should be common. This part mainly tells the concept andfeature of legislation as well as the concept and element of argumentation in order to pave theway for the concept of legislative demonstration. In addition, this part points out that theprocess of legislative demonstration contains the modification, cancellation, compilation ofthe law to revise the view that legislative demonstration just contains the process of making.Because the generalized vertical law covers the process of modification, cancellation of thelaw.Besides, it contains more aspect of legislative demonstration which plays an importantrole in maintaining the stability and authority of law.The second part, the writer aims to provide effective guidance for the practice oflegislation and standard the legislators on the basis of solving the problems of who and whatto prove. The agent of legislative demonstration includes authority that has the right ofpresenting a bill, the department that drafts the law, the experts and scholars who disappear inthe former essay and any other interest groups. The agent of legislative demonstrationincludes authority that has the right of presenting a bill, the department that drafts the law, theexperts and scholars who disappear in the former essay and any other interest groups. Theobject of legislation argument includes the content and substance of the legislation from theperspective of logic.Legal language, legal texts and legal system is analyzed and a logicalrequirement of legislative demonstration is also pointed out. Then it elaborates in four aspects of the necessity, feasibility, rationality and legality on the substance of legislativedemonstration.The third part describes the development of demonstration system in eastern. Secondly,the argument reveals the status quo of China’s legislature compared with that in Western thenfinally ended with the shortcomings and our urgent need to improve the current legislativeaspects of the argument. Finally, the writer notes the recommendations that firstly containmake the legal system legality and provide proof for legal argument; secondly, introduce moreequality mechanism on behalf of more people’s call; thirdly, improve legislation hearingsystem which plays a vital role in improving the level of argumentation.
Keywords/Search Tags:On the argument of legislation, Substantive argument, Formalargument, Legalization
PDF Full Text Request
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