| The legislation of civil behavior in our country is in a stage of rapid development,but the legislation technology is not mature yet.There are some problems that are difficult to identify some mandatory norms and imperfect responsibility clauses caused by the imperfect use of mandatory norms.There are also some problems that the setting of mandatory norms is unreasonable,including too much restriction on civil rights and too large content covering.In addition,there are some problems such as the incompatibility between the liability clause and the incentive clause.Since the legislation of civilized behavior adopts the theory of morality entering the law,and morality is hierarchical,there will be different levels of civilized behavior.For different levels of civilized behavior,different degrees of legal regulation means should be adopted.As the most powerful norm type to regulate uncivilized behavior,mandatory norm is an indispensable norm in civilized behavior legislation.Compared with the simple application of promoting norms or mandatory norms,rational collocation of these two norms can achieve twice the result with half the effort in promoting urban civilized behavior.Through systematic sorting and comparative analysis of local civilized behavior legislation,this paper examines legislative texts with theories and summarizes the problems existing in the development process.Through theoretical analysis and learning from the compulsory regulation methods of foreign civilized legislation on uncivilized behavior,this paper proposes a path to improve the mandatory norms in civilized behavior legislation.For example,regarding the identification of the mandatory norms of civilized behavior law,this paper puts forward some suggestions on using the method of legal interpretation to identify.With regard to the excessive scope of adjustment of the law on civilized behavior,suggestions were put forward to list key obligations for key governance and to limit the scope of adjustment of legislation on civilized behavior promotion.On the problem of disharmony between liability clause and incentive clause,this paper puts forward some suggestions on how to properly use the setting mode of legal liability clause.As for the setting and improvement of compulsory normative responsibility,this paper puts forward some suggestions to strengthen the accountability of government "promotion measures".It provides some experience for the subsequent legislation,and provides some ideas and experience for strengthening the legislation of civilized behavior and better developing the theory of mandatory norms. |
