The charm of the legislative background data lies in its duality of being able to build a bridge between the practical field of legislation and judicature and the theoretical field of academic research. Proper applica...The charm of the legislative background data lies in its duality of being able to build a bridge between the practical field of legislation and judicature and the theoretical field of academic research. Proper application of legislative background data is an important criterion to distinguish between professionals and the public. On the application of legislative background data, from the legislative point of view, legislators need to use the conclusions and reasons of the value judgments formed around the opinions of the proponents as the basis for criticism and argumentation, reaching a minimal consensus through power; from the perspective of interpretivism, the judge needs to focus on the legislator's existing law text and legislative background information to give explanation as the basis for future amendments, reaching maximum consensus through power. On searching the legislative background data, different searching paths and methods could be exploited in the distinction between the text data recorded by the recorder and the audio-visual data recorded by the expositor. The enlightenment obtained from legislative background data should be used for the construction and perfection of the wisdom and intelligence of the court. The judges should be the ideological assistants of the legislators. The search for enlightenment from legislative background data can be conducted from three perspectives, namely cognition, arrangement, and disclosure. Therefore, legislative background data should be standardized by law.展开更多
基金the stage achievement of"A Study on the Local Legislation System of Municipalities,"Western Project of National Social Science Fund"The Dilemma and Resolution of the Local Legislative Power of the Municipal Government─Centering on the improvement of local legislation quality,"the 2016 annual key project of Sichuan Social Academy of Social Science on"13th Five-year Plan"
文摘The charm of the legislative background data lies in its duality of being able to build a bridge between the practical field of legislation and judicature and the theoretical field of academic research. Proper application of legislative background data is an important criterion to distinguish between professionals and the public. On the application of legislative background data, from the legislative point of view, legislators need to use the conclusions and reasons of the value judgments formed around the opinions of the proponents as the basis for criticism and argumentation, reaching a minimal consensus through power; from the perspective of interpretivism, the judge needs to focus on the legislator's existing law text and legislative background information to give explanation as the basis for future amendments, reaching maximum consensus through power. On searching the legislative background data, different searching paths and methods could be exploited in the distinction between the text data recorded by the recorder and the audio-visual data recorded by the expositor. The enlightenment obtained from legislative background data should be used for the construction and perfection of the wisdom and intelligence of the court. The judges should be the ideological assistants of the legislators. The search for enlightenment from legislative background data can be conducted from three perspectives, namely cognition, arrangement, and disclosure. Therefore, legislative background data should be standardized by law.
