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Study of the terms of the legal definition of

Author: LiuQiaoLin
Tutor: ZouYuHua
School: China University of Political Science
Course: Legal Theory
Keywords: The terms of the legal definition of The status quo combing Problems Rule-making
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 94
Quote: 0
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Abstract


Define the terms of the many indispensable part of the law, they define the meaning of the words, vague and difficult concept to explain. Correctly defined legal concept and as defined in the specification language expressed not only affects our understanding of the law, but also about the accuracy of the application of the law, and this research is a must. The purpose of this study two, one to sort out the terms of the legal definition of the status quo, as far as possible, a comprehensive introduction to the use of defined terms in the law; second is to define the specification of the terms of the preliminary study, pointed out the terms of the legal definition exists issues and make relevant recommendations for improvement. The structure of the paper include the introduction, the main chapters, Conclusion and Appendix, in the introduction, with the terms of the legal definition of research and this paper, to clarify the object of this study and innovation. Existing literature on the legal definition of rules, methods, structures more, but less the terms of the legal definition of norms and rule-making. This is the origin of this study. The first chapter of the legal definition of the terms of which are summarized on the terms of the legal definition of the concept of the nature, role and standardization issues. This chapter from the legal definition of the meaning of the judicial practice of the legal concept of the meaning of the relationship of understanding and judgment, which pointed out the importance of the legal definition of the terms; legal definition of terms is incomplete statute requires a combination of statute to apply; the terms of the legal definition of the main function of three: a clear legal concept of connotation and denotation to determine the field of application of the law and simplify the legal text. Standardization of the terms of the definition of the problem is a the normative documents drafters to be a matter of concern. The second chapter, \Mainly from the distribution location, expression, defined objects and features analysis of the terms of the legal definition of the status quo, that the distribution of the position of China's legal definition of the terms in the General, body, and laws, the definition of the terms expressed in a variety of ways, defined objects There are two types of legal definitions and unique compared to the day-to-day definition. Chapter III of terms of the legal definition of a problem analysis. \Of the terms of the legal definition of some aspects of the language and logic are described, and pointed out three major issues, namely: the drafting of the definition of the terms of the lack of technology, the way of expression is not standardized, violation of defined rules. The solution to these problems is not arbitrary, legislation is a very serious national affairs, the law is used as the behavior of every citizen specification, the language of the law must meet the basic norms. Chapter IV formulation of the terms of the legal definition of perfect. \The final chapter of this article talking about the rule-making and improvement of the definition of the terms set taking into account the presence or absence of the need to define a word, the definition given explicitly available for the operating principle rules and pay attention some of the technical aspects of the rule-making, at the same time we also lists legislate the terms of the definition of technical regulation should include several aspects of the proposal. Finally, the paper summarizes the results of this study, the prospects for future research, pointed out that at this stage the lack of research and follow-up possible research directions and Appendix standardized document about defining terms of the legislation.

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