How to write legal papers

    In the original, 'the article invisible', an article written a hundred individuals, there will be one hundred kinds of writing, not for uniformity, fixed up a writing model. This is impossible. I was thinking, not to say that my law thesis writing is a good way, it is worth learning, but a combination of my writing experience, sum up a few, for your learning and research writing in reference to.
        1, from the subjects to consider the size and capacity of the length of the article
        On the topics of the question, I have said it. Writing an article, the first thing to consider is that under the topics of the contents of the article length and capacity of the decision.
        I am talking about the article length and capacity, largely related, but there are different. Sometimes, the length of the article is small, but significant capacity; some time, the length of the article is large, but the capacity is not large. This is much like writing a novel, and some novel length is very short, the capacity has been enormous, is a major theme depicted by a drop of water to reflect the world.
        In general, the length of legal papers have long or short, small, thousands of words, 3000 words, or words Liuqi Qian; 10000 characters long or even tens of thousands of words. To consider how the article uses the length and capacity, it is necessary according to their topics of size, decided to write long articles, the capacity by how much. For example, I wrote the article, long, large capacity, such as 'China to re-build his property rights system and its' a Man, tens of thousands of words, in the 'social sciences' published, as this is an important subject at the same time including all of his property right system and structure, but also for specific overview of his property, it was decided to write such a long article. In the 'Legal Studies' published in 'civil administrative proceedings prosecutor supervision and the course of justice' a text, mainly written in a civil administrative proceedings Supervision in theoretical foundation, historical evolution, as well as the mode of supervision of the system, but also as a major theme, so , and also the length of tens of thousands of words to show it. On the contrary, in the 'Hoffman calculation method and its application' a text, to be explained is a compensation for an interest rate reduction issue, therefore, write-only two or three thousand words, enough to explain the problem. Of course, I also wrote a century, China and France '21 prospects of development of 'a text of more than 2,000 words, write a major theme, but only to write a very short articles, and published in the newspaper that the' theory of the Forum 'this carrier related, there is no way to accommodate at great length articles.
        Here we must note that the legal papers the length and capacity, under normal circumstances, to 6,000 words to 10,000 words is appropriate. This article, published in the journal better. Too long articles, publications to come up with so much for your layout, unless the articles are particularly good, the general editor of very mean they were not willing to give you provide. Therefore, the suitable thesis subject, it should be moderate, not too big, nor too small. Generally in accordance with this standard to consider the subject of papers.
        In selecting thesis topics, when a rule should be noted that the smaller the subject, the easier to write Dongrenzhichu. This is because the small to make big article topics is bound to conduct in-depth and extensive feasibility studies, needs more material, in the argument, we should be more in-depth, detailed and thoughtful. This article is very difficult to make great, because some people make such an article when the material is not enough, analysis is not enough, the problem say no depth, say no thoroughly superficial and does not solve the problem. This article is unwelcome, nor solve the problem. I can see that some of the provincial law journal articles, shall be guilty of such problems, saying nothing, almost no scientific value.
        Not mature in their own time of writing, but also to pay attention to selecting sub-topics and strive write better, words do not too much to 5000-8000 as well, such an article published the most vulnerable. Is also smaller than the 5000 word article, published in the newspaper appropriate; more than 8,000-word article, published more difficult. Under this scenario, exercises legal papers, should pay attention to these issues.
        Under normal circumstances, there is no certainty of success, too, do not write 30000-50000 words of the article, as published by the opportunity is too small.
        In short, it is necessary to choose the subject of a paper to write legal papers, the big themes of particular importance, it is necessary Retention write a book, and can not be used as writing paper. Since then, I specifically want to talk about ways of writing the monograph of law.
        Second, determine the subject of argument
        Among the themes are the heart and soul of an article. Themes laid down the basic pattern of the article on the finalizing of the. Therefore, the identification of themes is very important. In the 'Cultural Revolution', I had fervently advocated literary works 'first on the subject', to be in accordance with the established themes, write stories, create characters. This is wrong. But in legal papers, but must adhere to the theme first, there is no one good, correct the theme, there is no one article a good law.
        Among the themes of law, that is, the author's research results of this legal issue of fundamental points. Law research paper is the performance of legal forms, and forms for the substantive content services. Writing research papers of law is to scientific research by writing to show law. Thus confirming the subject of legal papers, that is, should this legal issue summarized the research results to identify as a central point of view, in the entire article, to show it.
        To determine the subject of legal papers is not difficult. Select a theme, the theme of the core content of this extract, that is the subject of an article. To determine the difficulty of the subject of legal papers is that this theme is not correct, is not novel, is not practical. This is the research value of this issue. If not, is not new, is not practical, scientific research has no value, of course, the article also fails, do not write it, we have come to the conclusions. I am a student writing his thesis, to write is the tort law of strict liability. This subject, which is good, with 10 million characters in length to illustrate this problem, we can say is appropriate. However, his point of view, that is the subject of this article is not entirely accurate. His opinion is that, in tort law, the principle of attribution, in addition to the principle of fault liability other than the fault of presumption, no-fault liability principle and the principle of fair and responsibility, are strict liability. This point of view, I am afraid the majority of scholars are opposed to it, and it can not say that is correct. This is because strict liability in tort law in the West, there is a specific meaning - of course, many Chinese scholars to the understanding of strict liability are not the same, however, the scope of strict liability to make such expansion is not correct The. Such an article topic, would not it say that the election accurately. Also, there is a scholar to write the article, claiming that China's civil law, there is no system of compensation for moral damage, the current academic and practitioners to advocate compensation for moral damage is wrong. This theme is totally wrong. China 'Civil Law' After a series of expeditions only confirmed that such a system, and now without a legal basis to speak, in fact, to deny the existence of moral damage compensation system. For such a theme, quite properly criticized, the criticism of the purpose is to defend the hard-won civil law system.
        I introduced the subject of an article I have chosen. In the 'Legal Studies', I published an article, that is,' On the right the right to freedom against their civil relief ', this article has been rated as' excellent legal research papers '100 period. The theme of this article is found in practice. I have handled such a case, that unit of the mandatory treatment of illegal workers, more than 20 days, the court felt did not constitute violations of personal liberty. This is totally wrong. Point of contention is whether the right to personal liberty is not the right personality. The theme of my article, we identified as the right to personal liberty in the nature of personality rights, violations of this right constitutes infringement. This theme is a very good, write it down, naturally received the endorsement of all walks of life to develop 'the State Compensation Law' time, it provides for the right to personal liberty rights, violations of this right should be investigated for civil liability for infringement. This theme, at the time, is also a novelty, in practice, there are important value. The reason why this article award is justified.
        May add further article. Is an extension of the protection of personal rights. In 1986, after the 'Civil Law' provisions of the moral rights, there has been in the main, should be protected after the death of the issue. For this problem, theorists say, today. After years of research, I have proposed an extension of the protection of the right of personality point of view, as the subject of an article, a detailed interpretation of the 'Legal Studies' publication. Of course, some scholars have opposition, but as a doctrine, does have its own value, who loves criticism will come to criticize it not be better to argue?
        Among the themes to be straightforward, not concealed. This is the opposite and literary works. Stresses the theme of literary works disguised, hiding the more the better, so that different readers have different feelings, this is the theme of literary works the best approach. The time of writing legal papers can not do this, can not let the reader guess, while the theme is more straightforward as possible, let the reader one can tell with one look to understand. Used to write an article written this way is the legal papers in the superior work.
        But also there is one point that is the subject of the article must be one by the consistent, in the article can not be changed. If not, write articles, there is no center, no fundamental point of view, it is not a real legal papers of the.
        Finally, the subject of the article can be summed up in the reader after reading this article can be clearly expressed in one sentence, so that the theme of refining is a success. And students I have spoken so, is this: the theory is that workers should engage in simple things complicated, displaying a profound theoretical connotation; practitioners is a complex matter should get a simple to complex cases boils down to one word, coincides with the application and the law should be equal. In the practice of school paper, is to enrich theoretical connotations, but it does not mean that the complex subject of the article. Theme must be concise, theory must be deep. This is done, the article on the success of more than one half of the.
        Third, determine the method of argument
        Argument is to explain the theme of the basic method. Themes identified, demonstrating the methods are incorrect, poorly argued, it would not write good articles.
        (A) must first be established, the article's basic argument is argument or a barge on the
        Under normal circumstances, the article's basic argument of law approach should be the argument. Is what this article to establish a point of view, in fact, that is, the article's basic argument. Around this theme, a comprehensive exposition of its correctness, necessity, and the application of specific ways in which legislation is maintained this view, others would not fall in batch, arguments on the set up.
        Sometimes, law articles but also with the Refutation. Focus on the wrong point of view, to conduct a comprehensive rebuttal to show the fallacy of this view lies, know it's wrong nature, to overthrow the topic, so that can not be stirring up trouble in theoretical circles, it has no market. Writing an article on the use of barge are some exceptions, only a few. Refutation of the results, or to establish their own point of view, not have their own point of view, there is no force on the barge. There is a qualified teacher, he lectures the time, always criticizing other people's views, the views of a wrong, nor the views of B, C and opinions are not right, 'but what perspective, I do not know, I has no research out '. Refutation of this, there is no power, the value is not great.
        Of course, in an article in both arguments, but also split the theory, is the most common. Arguments, and lighter on the combination in an article in the well, the article is a success.
        (B) Secondly, we must study the specific methodological
        Comparative law, deduction, induction, promotion method, synthesis method, etc., these methods can be used in the article. Sometimes doing an article on the use of a method discussed. For example, write an essay in comparative law, that is, the papers of Comparative Law. Introduce a system of foreign shows that China can learn from practice in conjunction with their use, is to promote law articles.
        In fact, in an article, especially the heavier weight paper, is often not only a proof method, but according to the article described the specific circumstances so require, the integrated use of various methods. In the beginners view, in an article using a variety of proof methods, some dazzling, reason and no clue. However, as long as the practice persist in writing, and often use their brains thinking about problems, they will learn to use these arguments method.
        I have a student wrote an article, let me see, is a referral system in the United States, a lawsuit is to talk about how the United States, this system, how good, how how to operate, but how to combine the actual situation in China will be their introduction to China to learn from them and did not submit one. This affected the value of the article. When we write articles, pay attention to research and practical value, should avoid such a problem. Reposted elsewhere in the paper for free download

        Fourth, the structure of research articles
        Writing articles in law, the structure of the problem is not hard to do. The main requirement is that according to their chosen themes and topics identified the need for discussion. The so-called 'articles invisible', mainly referring to this point.
        Here, introducing the structure of several common methods.
        First, the usual method of exposition. Some comrades in such a method of induction of this writing, said that very image, that is: 'the concept, characteristics, history, meaning, composition, responsibilities, applicable to the question'. In many legal articles, are like this to the structure is indeed a frequently used method of the conventional structure. Normally discussed in a system or a legal issue, it must explain these issues. These problems clearly, and this system also basically clear. However, in using this method, according to different situations, flexible transformation. For example, this system was introduced from foreign countries come in, we would have introduced more than an evolution in the ink, detailing the ins and outs of this system, as well as learn the benefits of such a system. Write a strong practical articles, should be applied in the composition and responsibilities and problems in more effort.
        Second, the remarks sub-theory method. If you write a system of many things, but also present the overall system, but also introduced a system of specific content, this time, with remarks on the method of sub-writing, prospect of a clear, a glance to understand and write out the effect will be better . I was writing 'China Study contractual liability' a text that is used in this approach. Part of China's total contractual liability issues make it clear that next will be a variety of specific contractual liability as to introduce the 11. This structure is used for larger articles, the article is probably only need them if Jiwan Zi. Some people do not like this structure. I have an article more than 40,000 words, but also the use of such a structure, the responsibility of editors feel that bad, but to change the current subtitle is divided into several parallel approach. Of course, also good.
        Third, sub-solution of research methods. In 1990, I learn from Mr. Wang Zejian practice, engage in sub-solution research, writing dozens of such an article came out, forming a kind of style. A while ago, Mr. Wang Zejian to Beijing, and we talked, he told me this to give a high evaluation of research methods at the university lectures, he also specifically said that. This approach the article structure, more flexible, always start with jurisprudence and judicial interpretations start with the analysis, interpretation of the law, has meant in practice the specific practices and approaches. We can look at what I wrote this article, the reader's assessment is combined with practical, targeted, there are practical and theoretical value, readable, and readers like.
        4 provide an overview of methods. An overview of the issue, but also a structured method of the article. This method is used two ways. One is an overview of some discussion at the meeting on the one-year overview of research results, they are all structural approach is used. The second is the specific theoretical issues are reviewed at the same time to be evaluated, for example, on a theoretical issue, summarize a few points on the Schools of Thought analysis, discussion and finally assessed. This structure method can follow the issue to the structure more flexible.
        5 is a method of telling a tale. For example, in an article, to say a few problems, a little out; out a problem, it indicates a problem; and then out a title, plus to illustrate the problem. This method is extremely simple and useful, is that the article appear to be more rigid. I was writing 'on the revision of the faithful in marriage and family how to deal with the obligations of a spouse several issues,' it is used in this structure, the first was how to provide the specific content of duty of loyalty, and the second is whether the provisions would be contrary to the statutory duty of loyalty grounds for divorce, the third breach of duty of loyalty on the issue of damages. Mediocre Road to three questions, they do have some new ideas.
        Structure of many articles is only introducing these types, for your reference.
        5, with regard to issues such as the textual representation of
        (A) the formulation of legal papers, words do not fancy to plain, to refining, to write with substance, to say in place. Avoid grandstanding, slick.
        Of course, when writing, you can also make your articles a little color, but not too thick, too thick is not theoretical articles and a. At the same time, in the discussion when it comes to the moment, can not be afraid the reader does not understand, it over and over again speaking, a waste of words, but also a waste of the reader's time. I told some students said that in the time of writing legal papers, it is necessary to locate the reader. Writing research articles, it is necessary to set the reader is almost the same as the level of their own, or even to consider that the reader's level than their own and can not think readers are people who do not know anything, so, what is the legal literacy of writing articles, rather than theoretical research papers. Only the reader is set to the same researchers to be able to start high, the articles written in refining. If it is to write law popularization articles, then of course the reader should be in accordance with ordinary people to write, according to the readers do not know the laws or the very few who understand the law to write.
        A friend of mine wrote an article, the content is to study the liability for damage caused helper-work issues, wrote the first draft of 3 million words, those who encountered a concept, definition and description of the conduct, it seems like readers are ignorant. I told him this opinion and said, 'You can imagine the readers are of legal experts, in accordance with this standard and then try to change it again'. Deleted the introduction of these concepts, the article Jiusheng 1.5 million words. I also helped him changed again, Jiusheng 7,000 characters, a very good read article.
        (B) to write articles to be sub-themes, divided into several stages subtitle (except for short articles). In the general heading, a large article to be divided into different levels of the subtitle, called a title, two questions, three questions, four questions ... .... In general, divided into three questions on the line, and there are many sub-theme 4, see. A different title level, with separate title number. A problem with the 'one, two, three ... ...', two questions with '(a), (b), (3) ... ...', three questions with '1, 2,3 ... ... ', 4 problem with the '(a), (2), (3) ... ...'. This article provides a Meiqingmuxiu, well-organized, no prospect of a unclear. Now many scholars of the time of writing, not to make such a distinction, write an article-level confusion, bit difficult to understand. And it should be improved. Of course, this sub-title is not absolute, but not as Chairman Mao said, writing articles to open a Chinese pharmacy, B, C D, 1234. The light of reality, how points on how to sub. However, as we have sub-themes, it is necessary to comply with the rules of sub-topics. Of course, the subject is divided into several stages can be adapted, such as do not have 1.2.3. ... ... In favor of First, Second, Third, the first, second, third, first, second, third, are is possible, but no matter what, we must level clearly are neither do not know how to right.
        (C) With regard to comments.
        Note should be written specifications. The most standard is the 'legal research' annotation methods. You in writing of the time, better than good-looking 'Legal Studies' on the way the article notes, and strictly to follow suit so that his articles appear in the form, it's very nice. Note now is too irregular, and including large scholars alike. Writing articles to be small and strictly practice, to form good habits.
        6, on the idea of
        Papers should be written a good law, must be careful of the idea, according to the various requirements mentioned above, for an article to conduct a comprehensive consideration of all, and after mature consideration must write. Like someone said, an article is brewing up in their hearts Biebu Zhu, and do not write out the time on the Buxing Liao, and then write began to write. In my practice, the right of deliberation and the idea of an article is always in order for a long time, really want to clear, write the time, there is no great difficulty, and 10000-word article, one or two days time can be finished.
        How to do carefully planned, to the extent not say unhappy? Is to the conception and gestation when the right length and capacity, theme, structure, argument method, presentation form, should have a mature thinking; the same time, but also on how to start, how to end, as well as an important text passages and the main Some how the shows repeated thought, lay a plan, and even in their hearts again and again to make changes until your satisfaction. This time, probably reached such an extent, and can proceed writing.
        Some friends often ask me, writing legal papers have skills, how to use a variety of writing skills. My answer is, first of all, the practice of science papers, there must be skills, such a tactic, nothing more than the general composition skills, as above mentioned content. Second, the practice of school papers, up to a certain degree of time, there is no skill, and that is, the techniques applied to the proficiency level, they no longer have to pay attention to writing skills, and time is the highest realm of technique. How to achieve such a state, it is necessary to write more than practice, practice makes perfect. As long as we persevere, we will certainly bear fruit in the study of law, to write good law papers. Reposted elsewhere in the paper for free download

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