Accuracy And Vagueness: Study On Bi-dimensions Of Legal Language In The Field Of The Criminal Law System

Law is omnipresent in our life. It is embodied in language, that is, language is the carrier of law. So law is closely related to language. It is the relationship between law and language that is the research scope of forensic linguistics. To date, a growing number of books and articles, and an increasing number of experts have been doing the work, in the field of which their angles and emphases are varied only because of different discipline background.That governing a country according to law and building a harmonious society need that we use standardized legal language. This determines that the problem of law certainty and law uncertainty is directly related to accuracy and vagueness of legal language. Therefore, it is an important issue worthy of study to analyze and study the dialectical relationship between accuracy and vagueness. In order to ensure the criminal law's authority and unity, standardized criminal law language and further governing a country by law are a common goal, making accurate provisions and vague ones properly in conformity with the legislators'original intentions. It is the purpose of this paper. An innovation of the paper intends to combine legislation language and judicial language in the field of the criminal law system, not exhaustive, but creative.This thesis first tackles the following two issues—representations of bi-dimensions of legislation language from macro to micro perspectives, and performance of bi-dimensions of judicial language from judicial documents to judicial tongue. Followed by gradually shifting from describing phenomena to the nature of thinking, it focuses from the following aspects for assessment to probe into the root of bi-dimensions of legal language:language, law, criminal law system and culture. Finally based on analysis of the problem existed in the criminal law system, the paper presents improvement methods from four aspects:in terms, statement carefully and fully, and grasp of the degree of vague language, to eliminate the phenomenon of semantic ambiguity; in grammar, usage of stylized text, to put an end to all kinds of errors; in logic, value balance method used to remove inconsistencies between articles; in the system linkage, strengthening legislative and judicial interpretations to maximize the integrity and unity of the criminal law system.The author hopes that the dissertation will serve as a modest spur to induce someone to come with his/her valuable contributions. Its aim is for people to attach importance to study on forensic linguistics in jurisprudence, to improve efficiency of legal action, and to urge law process faster in China.