Theoretical Reflections on the Study of the Nature of the Effects of the Archives Law in the Light of the"Soft Law Clauses"
The"hard and soft"judgement of the effectiveness of the Archives Law is an appropriate perspective for discussion.Taking the clauses of the Archives Law on the definition of archives,the clauses on the security risks of archives,and the clauses on the purpose of legislation as examples,we think the current research methodology and conclusions are inaccurate.The reasons for the"inaccuracy"lie in the following five aspects:first,the use of the"coordinated phrases"analysis is not appropriate or accurate;second,the semantic analysis method used ignores the principle of linguistic economy;third,the analysis fails to distinguish between the public and private attributes of the different regulatory objects of the Archives Law;fourth,the structural information in the chapter structure of the Archives Law is not taken into account;and,fifth,the current paradigm of analyzing the"Soft Law Clauses"is a misapplication of the original purpose of the theory of soft law.In the future,when analyzing the"softness"and"hardness"of the effectiveness of the Archives Law through the perspective of Soft Law Clauses,we can start from the above five points in order to obtain a more stable and appropriate conclusion.
Archives lawSoft legal provisionsDefinition of clauseLegislative purpose clauseSoft Law
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