Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in th...Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.展开更多
文摘Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.
