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Review and Improvement of Legislative Argumentation by Jurisprudential Experts
Author(s): 
Pages: 53-62
Year: Issue:  1
Journal: Zigong Teachers College Journal

Keyword:  legislative argumentationscientific legislationjurisprudential academicslegislative expert consultantsLegislation Law;
Abstract: Targeted at issues related to legislative work, legislative argumentation is the legislative activity of analysis and argumentation with jurisprudential experts as the key participants. Unlike legislative hearings,legislative argumentation of jurisprudential experts attaches more emphasis on professionalism and skills and provides the information of reference and decision for legislators, which therefore facilitates the enactment of high-quality laws. On the one hand, legislative argumentation goes through the whole process of legislation, and is particularly reflected in the legislative preparatory phase. On the other hand, jurisprudential experts are the main legislative entity to demonstrate the necessity and feasibility of legislation and the skilled legislative staff demonstrate the coordination between the legislative documents and system as well as the provider of optimal solutions to specific problems in the legislative process. Currently, their legislative argumentation is confronted with such issues as the inactivity of its form and content, the concentration of candidates and regions, and the unity of professional domains and research fields, etc. As a result, measures should be taken to improve the jurisprudential experts’ ability of legislative argumentation; authorities should improve the procedure in which the experts are involved to participate in the legislative argumentation; and the attention should be paid to the elements of professionalism, domain, age, and institution etc. in the establishment of talent pool. In addition, the process of legislative argumentation by jurisprudential experts should be disclosed on public platforms and launched simultaneously with social public participation in legislation. Last but not least, in the legislative argumentation, legislative experts should be able to deal with such issues as in the duty of profession or part profession, the duality of professionalism and democracy, along with the roles of responsibility or performativity.In this way, jurisprudential experts are supposed to strengthen their self-government in the community, assume the responsibilities equal to their social position, involve in legislative argumentation in a pro-active and responsible manner, and instill the rule of law in legal norms in the right way.
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