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Study Of The Book In Our Legislation

Posted on:2009-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhengFull Text:PDF
GTID:2206360272459632Subject:Law
Abstract/Summary:PDF Full Text Request
Provisoes is an important technique of expression/expressive technique in lawmaking, it applies universally in many countries worldwide.This thesis defines Provisoes as Form of Language Structure in the text of law, by analyzing and comparing research materials available, which has not only formal but also essential characteristic. The formal characteristic of Provisoes means that in most situations there are always signal words in them, or they can be transformed into what can be introduced by signal words. The essential characteristic of Provisoes means that the relationship between Provisoes and text is special to general logically. Provisiesalways expresses something exceptional and complementary.There are two kinds of categorization of Provisoes:Denotative and derivativeprovisos or logical and political ones ,respectively according to their form sand contents. There are signal words in Denotative provisos, instead ,derivative ones take the form of independent sentences or include items in different levels, which can also be transformed into denotative ones. Logical provisos have technical value, political ones not only have technical value ,but also can be used to express particular notions and intentions in lawmaking .As an indispensable technique in lawmaking , Provisoes have many technical advantages such as complementing holes in text and improving the flexibility of law. The presence of political provisos can enrich the connotation and value of Provisoes, by which the lawmakers can balance the private rights and public powers, establish some special policies ,or make some ideas of law-governing popular, which as a result can protect the rights of citizens. These are the functions of Provisoes.The thesis manages to summarize some regularities of Provisoes and come up with some basic principles of using it in law, for example: in what situations should there be Provisoes and what forms should they take .As far as the methods of using Provisoes are concerned , the thesis makes a preliminary research from the perspectives of signal words, selecting of expressive patterns and correspondence of commas.Comparative analysis and item analysis are used in the thesis , which aims at enriching theories of lawmaking ,improving the acknowledgement of techniques of lawmaking ,making the practice of it in China become mature and perfect.
Keywords/Search Tags:Provisoes, Techniques of Lawmaking, Functions, Methods
PDF Full Text Request
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