Research On Transitional Clauses In My Country's Legislatio

When the new law is used to modify or replace the old law,the transitional provisions in the new law is conducive to the smooth transition between the new law and the old law.The transitional clauses with better quality can help the relevant subjects to accurately apply the law,so as to achieve better implementation effect.This paper tries to accurately find out and summarize the main defects of transitional clauses in various legislative texts in China,deeply explore the negative consequences that these deficiencies may lead to,and try to put forward countermeasures and suggestions to improve the quality of transitional clauses.The first part of this paper defines the concept of transitional clause,summarizes the legislative section of transitional clause,and outlines the structural characteristics of transitional clause.This section also collects typical cases of the formulation of transitional provisions in national legislation,indicating that the formulation of "transitional provisions" in legal texts is a common practice in various countries.This paper points out that transitional clauses may have many positive effects and demonstrates the necessity of transitional clauses in normative legal documents.In terms of direct effect,the transitional provisions prevent the confusion of the application of the law and maintain the stability and stability of the law.In terms of indirect effect,it is conducive to protecting the public’s trust interests and other legitimate rights and interests,to ensuring the continuity of national policies,and to realize the steady development of social economy and politics.Thirdly,the legislative mode,legislative content and effectiveness of transitional provisions are discussed on the whole,and what problems should be paid attention to in the legislative process of transitional provisions,so as to provide reference for the drafting of transitional provisions in the future.The second part of this paper discusses the legislative mode,text content and legal effect of transitional clauses on the whole,and points out several key points that should be focused on to improve the legislative quality of transitional clauses.The application of the old law,the new law,the transitional mode and the immediate application mode are the typical models of transitional clauses in the legislative practice.The "supplementary provisions",the amendment and the law of implementation.The extension of the implementation of the new law and the gradual implementation of the new law are the three main contents of the transitional provisions.The third part of this paper systematically explores the quality defects of the transitional clauses.These defects and their negative consequences mainly include: the application of law is not clear,which is easy to cause judicial application chaos;the transition content is not clear,the application conditions are fuzzy;in terms of technical expression,the language expression is not standard,the transition mode is slightly single,and the transition standard is scattered everywhere.In terms of the legislative working mechanism,the special pre-legislative evaluation and special deliberation of the transitional clauses can be strengthened.In the legislative drafting technology,a single model should be avoided to regulate the position of transitional provisions in the legal text.This paper also points out that the applicable conditions of the transitional clauses should be as clear as possible.