A Study On Law-making Skills On The Scope Of Legal Application

Previsions on the scope of legal applications are directly concerned with the rights and interests of the people. Due to those provisions, they can not only obtain legal protection, but also take on certain obligations. Normally, a person can identify the relation between him and a normative law, in term of its provisions on the scope of legal application. So, the legislator shall make such a definite and normative provision.The author will make a positive research on such provisions of Chinese normative laws in form of database. After such affords, the author find out, there are some problems on such Chinese provisions, under such a circumstance that law-making skills become increasingly complete. The problems are as follows. Firstly, a lack of such provision or concealing such provisions; Secondly, the confusion on the design and arrangement of such provisions; Thirdly, invocation of wrong principle in applying such provisions; Fourthly, inappropriate choice of the vehicle to reflect such provisions; Fifthly, abnormal wording of such provisions.The thesis begins with law-making skills to improve the legislation of such provisions. In the author's opinion, the appropriate making of such provisions can be divided into 3 aspects: one is concerned with definite establishment of such provisions, another is about correct arrangement of such provisions, including design and order of relevant articles, the other is accurate articulation of such provisions, including application principle, application vehicle and the wording.In structural point of view, the thesis consists of 3 parts. Part â… is the preamble, which introduces the reasons, aims and methodology of such study. part â…¡ is the main body of the thesis, which is composed of 3 chapters: chapter one is concerned with the identification of such provisions and the role of such provisions; in chapter two, the author shall analyze such provisions of Chinese normative laws in a positive way. In chapter three, the author will put forward the defects in present legislations, seek the reasons and present the solutions. In part â…¢, the author hope and believe, the law-making skills will be improved and the legislations will be perfected in the future.