Research On Normalization Of The Draft Legislation Description

This paper focuses on the normative research on the description of draft laws in my country.Prediction theorem,concept first,through the sorting out of my country’s legislative laws and regulations,it is clear that the explanatory documents of the draft law with legislative argumentation as the core and legal argumentation as the record content are more important in addition to explaining the necessity and feasibility of legislation.The purpose is to respond to important controversies in legislation and record the choices and reasons of legislators.The draft law explains that it is a constitutional obligation of the legislator to ensure democratic legislation and assist the National People’s Congress in exercising its deliberation power to achieve substantial leadership in legislation.The draft law explains the function of the rule of law to ensure democratic legislation,scientifically respond to legislative disputes,and ensure accurate application.This article analyzes the existing explanatory documents and finds that the existing legislative explanatory status is not enough to achieve its due function,mainly reflecting the necessity and feasibility of the legislation,the lack of responding to the legislative disputes,and the reasons for the choice of the legislators.full.There are three reasons: first,the long-term neglect of the explanatory function of the draft law;secondly,the core connotation of its response to legislative disputes has not been clarified;finally,as a record of legislative argumentation,it has not established the standard of argumentation form.This paper attempts to construct the standard specified by the draft law,and realize its function through the normative formulation.Taking legislative argumentation as the origin,combined with Alexey’s theory of legal argumentation,the substantive standard of the draft law is clarified.Under the guidance of Alexey’s theory of legal argumentation,combined with the argumentation goals of necessity and feasibility,it is proposed to construct a standard that includes universality,critical formation and realization to ensure the response to legislative disputes.Showing the reasons for the legislator’s choice increases legislative persuasiveness.