The Elementary Exploration Of Semantic Analysis On Criminal Law Language

Principle of a legally punishment for a specified crime is the foundation stone of modern criminal nomocracy. The brief expression of this principle is"Numllum crimen sing lege ,nulla poena sine lege", which runs through criminal legislation, criminal judicatory and executing the law, having the supervising effect all roundly and fundamentally. Principle of a legally punishment for a specified crime that built on democracy and respecting human rights derives statute law, namely no statute, no punishment. Written characters can fix the meaning of law, which can be weighed the words repeatedly and can be spreaded abroad, becoming the only instrument for legislation to express justice idea. Under this case, the language issue is more important to how to understand and apply criminal law criterion.Semantic analysis is a kind of logic demonstration method that clarifies semantic confusion and search truth through analyzing the language's elements, structure, linguistic origin and linguistic background. It is required to pursue the meaning and significance which is reasonable and can be agreed or accepted by people in the aspect of linguistic origin, linguistic background and linguistic context of vocabulary.This dissertation is based on Principle of a legally punishment for a specified crime and the inherent idiosyncracy of language, trying to analyze the language which composes the text of criminal law articles through one of semantic analytical methods---law research method, in order to carry through the elementary analysis on vague language and exact language of criminal law, the oneness and relativity of criminal law language, and communization of canonical language and formalization of common language, to understand the cause and effect of criminal law language by exerting grammar analysis, linguistic origin analysis and linguistic context analysis together, to explore the meaning and significance of criminal law code which is reasonable and can agreed or accepted by the public.At first, this dissertation introduces the definition of semantic analysis method and it's history, and then dissertates that semantic analysis method, as a kind of law research methods, having applicability in criminal law research. Semantic analysis method as a kind of philosophical research method focuses on vocabulary's comprehension. In the country with statute law, there is a great importance to analyze criminal law language through semantic analysis method. In criminal law, the comprehension of some key words like"property","violence","public security"and so on, to some degree, will decide whether the behavior is a crime. In the second part of the dissertation, according the features of semantic analysis method and the requirements of Principle of a legally punishment for a specified crime, the author sets value requirements for semantic analysis in criminal law to solve the problems as only to analyze the text and characters in semantic analysis, the multimeaning of vocabulary and so on. Under the requirements of the principle of Principle of a legally punishment for a specified crime, the author thinks justice is the value tendency for solving the problems of only analyzing text and character in semantic analysis and polymeaning of vocabulary and so on. And also thinks on criminal law, the requirements of justice are mainly embodied in the following four aspects: the rule of definiteness, the rule rationality, the rule of harmony and the rule of moderate vagueness. After solving the problem of enactment of value for exerting semantic analysis method in criminal law, in order to apply the semantic analysis method in analyzing criminal law language, in the third part of the dissertation, the author discuss the idiosyncracies of criminal law language. The author define the idiosyncracies of criminal law language as the following three aspects: vague language and exact language, oneness and relativity of criminal law language, the communization of canonical language and standardization of common language. In the writer's opinion, the issue criminal law language's vagueness and exactness is based on criminal law's rigidity and flexibility. Exactness is the requirement of Principle of a legally punishment for a specified crime, and at the same time, certain vagueness is unavoidable and also necessary; to the issue of oneness and relativity of criminal law language, the author thinks that criminal law criterion as a rule to carry through universal adjustment for ordinary people and a judgment rule, as a criminal law item to standardize carrier, it must have oneness, however, the relativity of criminal law language refers to the same criminal law canonical language has different meaning in different articles or in different items of the same article, at the same time, its oneness and relativity are relative to each other; To the issue of the communization of canonical language and standardization of common language, the author thinks on one hand, criminal law language has commonness, on the other hand, as a kind of law language, it is"law words", so it must have criterion. So there may be the issue of standardization of common language and also the issue of communization of canonical language. Finally, after clarifying the connotation of semantic analysis method, its history, solving the enactment of value in semantic analysis method on criminal law, and what's more defining three aspects of criminal law language's idiosyncracy, this dissertation gives a brief introduction of detailed analysis methods of semantic analysis method, including grammar analysis, linguistic context analysis and so on.