Study On The Procedural Law Of Constructing Legal Order

The legal order is the status and development of social relations,and the co-existence and activities of all aspects of society show an orderly state in line with the intent of the legislator.This orderly state includes not only the orderly relationship between social subjects but also the orderly state in which social entities conduct activities in order to achieve certain relationships.Both substantive and procedural law have played an important role in the formation of the legal order.The procedural law,which focuses on the activities needed to adjust the relationship between social subjects,is called the procedural law to construct legal order.Specifically,it can be expressed as: a set of rules that are preset for specific social activities to regulate the behavior of the activity subject,so that the activities are carried out in order and conform to the intent of the legislator.The procedural law of constructing the legal order is widely distributed,scattered,and has multiple forms,and there are many legal documents in the form of laws.In addition to the three major procedural laws that regulate litigation activities,the scope also includes some legal documents preset to adjust specific social activities,such as the Law of the People's Republic of China.Since the social activities adjusted by the procedural law are specific,the legal order they construct is also specific.According to the similarity or the same nature of the adjustment activities,the procedural law of constructing the legal order is divided into three sections: the procedural law of constructing the civil legal order,the procedural law of constructing the administrative legal order,and the procedural law of constructing other legal orders.These three sectors together constitute the procedural law content of the construction of the legal order,with different legal characteristics and adjustment of different legal activities,each performing its duties.The procedural law of constructing legal order is the most basic type of procedural law function system.Its purpose is to suppose procedural rules and regulate social subjects to carry out social activities and make social activities orderly.The realization of its purpose depends on the excellent degree of the procedural law itself,and how to set up the program good law is a problem that has been discussed in the legal field of our country.Combining the research results of the predecessors,it is concluded that the procedural good law should have reasonable legitimacy and moderate procedural.Through the collection and evaluation,it is found that there is still a lot of room for improvement in the legitimacy and procedural of China's existing procedural legislation.Therefore,in order to construct the legal order better,it is necessary to pay sufficient attention to the content setting and technical formulation of the procedural law,and to take effective measures to improve the legitimacy and procedural nature of the procedural law,for example,increase the number of procedural rules.To achieve a balance between program rules,improve the specificity and clarity of the rules of the program.Through these efforts,the procedural law is well applied in the activities of social subjects,perfecting the procedural law of constructing the legal order,and realizing the basic role of its procedural law.