Discuss On The Setting Of Definition Clause In Legal Text

Daily expressions and technical terms are used frequently in legal text. Properly understanding of these words has a clear bearing on the application and conformity of law. Therefore, legislators adopt definition clause to define the meaning of specific words in legal text. As the essential part of normative law text, definitive clause, existing in the general, special and supplementary provisions, is the kind of legal terms which clearly defines the connotation of special legalism and scope of application of the laws and regulations. The setting up of definition clause has profound influences on clarifying meaning of relative legalism and correctly understanding the law, so as to upgrading the accuracy of applying and effectively enforcing the law. Hence, in the process of setting up definition clause by performing legislative technology, legislators have to satisfy both the expression of legislative policy and the needs of accurately taking the legal information by receivers, which will ultimately realize the normative setting up of definition clause. However, in the current legislative practice, problems exist in the process of the setting up of definition clause, i.e. there is no clear and specific legal basis and relative regulations on how to set up definition clause in legal text. Studying on the normative setting up of the definition clause will not only normalize the structure of law. maintaining the authority and dignity. but more effectively realize legislative purposes and self-values of law.The unity of rule by law requires the unity of technical norms serving legislation. In the modern society, the higher status of law puts forward higher requirements on legislative technology. As the accumulation of legislative work experience and deeper recognition of regular pattern of legislation itself, it is necessary to fully normalize legislative technology and legalize the mature legislative technology so as to better serve the legislative activities. Therefore, the setting up of definition clause in law text should be based on the summary of current experience and led by legislative organs following the uniform legislative technical norms. Long term accumulation in legislation caused many problems in setting up of definition clause. the main performance of which is the non-unity between location and way of expression of definitive clause and its contents. To solve the above problems. it’s required to fully recognize these questions and unify the standard to setting up definition clause, i.e. according to the unified legislative technical norms and guaranteed by legislative technology, to unify the setting up of definition clause in legal text based on the features and status of conception to be defined so as to ascertain its due location and expression. Through the normative setting up of definitive clause, the aim to improve legislative quality and efficiency and ultimately realize the normative legal structure to provide valuable reference to legislative practice will be achieved.