Study On Ambiguity Of Legal Languages

The role of law is to "set the fight ended," an inevitable requirement for language interpretation is accurate, but in each links such as legislation Judiciary, the legal language fuzziness which runs through is difficult to eliminate, this contradiction phenomenon is increasingly becoming the focal point of the domestic and foreign jurists and linguist. In this paper, I comment that the law keeping a foothold in fuzziness there exists the main body of a book in the language reality, studies combining with theory of home and abroad expert scholar, being allotted five chapter history evolution to law language fuzziness , being producing cause , gain and loss and so on has been in progress comment that, how correctly to have expounded in legislation sum actual judicial practice resolving a countermeasure having wielded fuzziness law language, and having brought forward small advantages's.The first chapter is about legal language fuzziness and related theory. Concentrate on language fuzziness of the proposed concept, application and development, introduce the issue of scholars on the ambiguity of the legal language and its development trend, discuss to legal language fuzziness theory , talk about dialectical relation with the law fuzziness and their concept characteristic, judiciary and so on.The second chapter is the cause that legal language fuzziness produces. This chapter focuses from the following aspects for assessment to describe the root of legal language fuzziness: objective things and the diversity of the fuzzy, human limited cognitive ability and fuzzy thinking, language of the statute of limitations, law phenomenon complexity and the general principles of law, the variability of social development and legal performance of the lagging,the impact of traditional cultural, the basic conditions necessary.The third chapter is the positive function of legal language fuzziness. It focuses on that the legal language fuzziness is conducive to realizing law stability , universality and improving the applicability of justice. Six aspects such as generalized function, filled function, information protection function, persuasion function, flexibility function and other functional features are concretely elaboratedThe fourth chapter is shortcoming of legal language excessive fuzziness. After all, accurate terms and blurred terms in language is the same contradictious different two aspect ,if ambiguous legal terms are not prudently used, then legal concept is probably mixed up and the law rigorousness and accurate are undermininged. This chapter focuses on the excessive use of ambiguous language or should be clearly stated when using ambiguous language that might lead to the negative impact of role that is the departure from the rule of law standards, the deviation from the original legislative intent, deviated from the principle of social efficiency, deviated from the principle of legality and the principles of justice, deviated from the legal unity etc.The fifth chapter is measure to avoid the short of legal language fuzziness. To evaluate human factors work from legislative aspect and judicial aspect. Focus on how to minimize the language of ambiguity, such as strengthening legislation explain and improve legislation; how to standardize and improve the application of justice, standardize and guide the discretion of the judges, such as strengthening the procedures for restrictions on judges and improving the quality of judges, the rational exercise of discretion,etc. Then give countermeasure for dealing with a situation to slove it.