A Study Of The Internal Relationship Between The Constituent Elements And The Legal Consequences

Legal rule is a normative proposition,and its logical structure is composed of constitutive elements and legal consequences.Constitutive elements are the typed behavioral facts of the legislator,and a complex of facts and values.Legal consequences are legal responses to the facts of behavior described in the constituent elements,and are divided into regulatory consequences and evaluative consequences.In a complete legal rule,the antecedent needs to describe a specific type of behavior,that is,a constitutive element,which then entails the corresponding legal consequences.In the legislative work,it is necessary to make value judgments on the facts described by different constituent elements and to formulate different legal consequences.However,the relationship between the constituent elements and the legal consequences is not a causal relationship in the natural sense,and the facts of the act of satisfying the constituent elements will not objectively cause legal consequences.So,there is a gap of argument here: how do the constitutive elements and legal consequences arise? Why do legislators give legal consequences to the facts described in the constitutive elements? Legislative activities are essentially a need and expression of social order: First,from the perspective of social life,social needs are a kind of legislative supply.Legislative activities must specify what kind of social needs should be incorporated into the law,so that Transforming social needs into legislative needs,so the constituent elements and legal consequences originate from social needs.Secondly,from the perspective of the law itself,legislation is a purposeful activity,it reflects people ’s common expectations of order,represents the public interest of society,and the formation of constitutive elements and legal consequences is to achieve the purpose of legislation,so it constitutes Scientific basis of requirements and legal consequences.Finally,in general,judgments on social needs and legislative purposes are inseparable from the value judgment of legislators.Constitutive elements and legal consequences are a kind of conditional relationship.The facts that meet the constitutive elements do not always confer legal consequences.The necessary condition is to grasp the values behind the legal rules.Therefore,the value judgment of the legislator is a logical intermediary that connects the two.In addition,the relationship between the constituent elements and the legal consequences is "as it should be",and the scientificity and legitimacy of the connection between the two need more support from reasons.There are two reasons for the justification of this question: factual reason and purposeful reason.The factual reason is that the behavioral consequences in the natural sense cannot meet the needs of the society,and legislators need to artificially assign the constituent elements to adjust the original results with legal consequences;the interaction between behaviors and needs leads to the appearance of social differences and the society cannot self-correct.For all differences,legislators give legal consequences,so that social differences can be corrected.The teleological reason is that the legal consequences stabilize social expectations through its universality,and at the same time,as a means to achieve legislative purposes,it brings “positive value” to society and has a legitimate purpose.By studying the relationship between the constituent elements and the legal consequences,it is possible to restore the legislator’s thinking methods and considerations when formulating the law,and provide a basis for the scientificity,rationality,and legitimacy of the legal rules.