Jurisprudence And Practice Of The Form Of Legal Amendment In China

China’s legal development is gradually promoted with the development of China’s social economy.At present,China’s legal development has changed from the original thick line development to fine development.In terms of legislation,it has gradually changed from the formulation of laws at the beginning of the founding of the People’s Republic of China and Reform to the situation of paying equal attention to the formulation of laws and the revision of laws.In this legislative situation,the relevant theoretical research on legal amendment is particularly important.Through the research and analysis at home and abroad,it is found that at present,the research on legal amendment is relatively few,and most of the research focuses on the content of legal amendment.In legislative practice,legal amendment is divided into legal amendment content and legal amendment form.In order to really conduct in-depth research on legal amendment,it is inseparable from the joint research of the two.The form of legal amendment refers to the external form of expression adopted in the process of legal amendment.Since the founding of the People’s Republic of China,the form of legal amendment in China has been in a changing process,and the overall trend is to become systematic.At present,three relatively stable forms of legal amendment have been formed in China’s legal amendment,namely,legal amendment,modify decision and legal revision.Although China has basically formed a stable form of legal amendment in legislative practice,there are still many problems.There are mainly: first,the formal rationality of the amendment is in doubt.The lack of practicability of China’s legal amendment in judicial practice makes most Chinese scholars question the rationality of this form.Second,the formal system of legal amendment is not perfect.At present,the three main forms of legal amendment in China are uncoordinated,the application is chaotic,and the boundary between the three is unclear.The insufficient effectiveness of the law amendment text leads to the confusion of the application of law in judicial practice.At the same time,the unclear definition of law revision and related concepts is also a common problem in the form of law revision in China.Third,the relevant normative legal documents are not unified.For example,whether the original legal text should be corrected according to the newly revised content after the law is revised,there is the inconsistency between the upper law and the lower law,resulting in the conflict of applicable laws in judicial practice.In view of the existing problems,the following measures can be taken: first,we should improve the form of legal amendments.In order to eliminate the academic doubt on the rationality of the legal amendment,the main measure is to improve the practicability of the legal amendment and make it applicable to judicial practice.Second,we should improve the formal system of legal amendment.It mainly includes three forms: normative and coordinated legal amendment,revision decision and legal revision.At the same time,give the effect of the revised text of the law,unify the legislation and judicial practice,and cancel the effect of the revised decision.Clarifying the boundary between legal revision and legal repeal is also an important measure to standardize the formal system of legal revision in China.Third,unify the normative legal text.In order to make the consistency of the form of amendment applicable in the process of legal amendment in China,it is an important solution to unify the normative legal text and unify the legal text of upper law,lower law and the same level.