On Vagueness Of Language Legislation

China's process of the rule of law is led by legislation. Since the Reform and Opening up, China has proposed "strengthening the rule of law" idea of national governance,and has begun to legislate a great deal of law, which the number of the legislation is even more shocking especially in the last two years. Despite the large number of laws and the legal system becoming more and more completed,there is still a problem that it is very common that the legislative language in the legal texts in force is not standardized. The standardized work of the legislative language always has not attracted enough attention. It is a pity that there is no relevant content in the Legislative Law. The problem,that the legislative language should be standardized, anxiously needs to be resolved in the legislation in theory and practice.The fuzzy nature of the legislative language is a problem worthy of attention in a number of problems of standardized legislative language. The fuzzy nature of language is a result that the linguistics research uses the fuzzy theory .The fuzzy theory is essentially in line with the dialectic views of Engels. Fuzzy nature is the essence of property of the natural language. The legislative language is a social variation of the natural language,so it inherites the fuzzy nature as a essential attribute from the natural language. The fuzzy nature of the legislative language is a attribute which legal provisions as manifestations of law appear fuzzy attribute of extension of the concept of law. This phenomenon widely exists in the legislative language. According to statistics,in China's Criminal Law provisions more than 100 articles use fuzzy terms, representing beyond 50 percent of all the above provisions. The fuzzy nature of the legislative language is like a double-edged sword which has both positive and negative significances. The positive sense lies in favor of general application of law and the stability of law and the application of law to set aside space, and saving cost of legislative and enlargeing discretionary power of the judge. The performance of its negative significance shows handicap of understanding,compliance and appliance of law,increasing the cost of the legal interpretation,increasing the difficulty of application of law in the judicial process, causing hidden trouble of judicial good break. The negative significance of the fuzzy nature of legislative language reflects a limited cognitive ability of human, allowing the legislation to depart from the basic values of the law, and remaining the raging space of human's evil nature.The fuzzy nature of legislative language are mainly reflected in nominal phrases, verb phrases, adjective and adverb phrases, numeral and quantifier of phrases and phrases on the form of prepositional phrases which are refered to the legal concepts in the legislative language. The fuzzy nature of legislative language are caused by very complex elements. First of all, the general causes of the fuzziness of language lies in: from the ontological point of view, as an inevitable result,the ambiguity of the objective as a continuous things is artificially divided; from the epistemological point of view,the cognitive ability of people is very limited as compared with the complicated objective world,and understanding of people always advances from fuzzy level to clear one, and people's thinking processes fuzziness; at the point of view of language itself, symbols of language are limited in its quantity and power of expression,and are relative lag as compared with the continuous developing ability of human cognition; from the angle of language application,it also is a cause that the user of language deliberately replaces complexity(exact language)with simplifier(fuzzy language) in order to use the exact language in essence and in order to economics of language application; in addition, there are still some historical and cultural traditions reasons. Secondly, from the angle of the individual developing regular pattern of the legislative language,the fuzzy nature of legislative language is caused by: the fuzziness of object (the social relations adjusted by law)which causes the fuzziness in the subjective reflection;the limitation of the legislative language itself in quantity and power of expression; the limitation of legislators in cognitive ability,and the limitation of legislators who is affected by their own experences,knowledge structures and so on; uncertainty which law has itself;the requirements of stability, universality and generality of law. In short, the objective existence that the legislative language is vague can not be eliminated.Vague legislative language is very closed with the legal interpretation. On the one hand, the vagueness of the legislative language affects the legal interpretation in terms of quality and quantity. From the qualitative point of view, the fuzzy nature of the legislative language is a reason that explains the existence of the legal interpretation,which points rationality that legal interpretation exists. From the quantitative point of view, the demand for the legal interpretation is proportional to the vague degree of the legislative language,and is inversely proportional to the accurate degree of the legislative language. In between the law and the legal interpretation, the fuzzy nature can play a role in regulating the quantity: if you want to enhance the operability of the law and to reduce the number of the legal interpretation, it is necessary to reduce the fuzzy degree of the legislative language and enhance its accuracy; on the contrary, to strengthen the flexibility of legal application,and to improve the position of the legal interpretation in legal application, it is necessary to increase the fuzzy degree of the legislative language to expand the advantage of the legal interpretation in terms of quantity. On the other hand, the legal interpretation plays an inhibitory effect to the negative sense of the function of fuzzy legislative language through its certain and cyclical nature and its function to fill vacancy. In the interactive action between the legal interpretation and the fuzzy legislative language, the status of the legal interpretation is highlighted,and the negative sense of fuzzy legislative language is ,to some extent, inhibited. It should be noted,however,that the role of the legal interpretation is so limited that it is necessary that the fuzzy nature of the legislative language should be reasonably regulated on the legislative level in order to maximally curb the negative significance of the fuzzy legislative language.Since the fuzzy nature of the legislative language can not be eliminated, then it is an important issue that is urgently to be resolved in the theory and practice of the standardization of the legislative language by scientifically grasping the fuzzy nature of the law and by playing a positive role to curb its negative role through reasonable regulation. The author believes that the concept of "degree of fuzziness" ,that is a tool as is used to reasonablly curb the fuzzy nature of the legislative language, should be introduced in standardization of the legislative language. The foundation of degree of fuzziness should be very complicated, involving the length of time and the territorial scope of legal application and the object of legal application,involving continuousness and coordination between related legal departments,between one law and other laws and between the legal provisions,and involving other related factors. This tool ,which should be applied to the legislative practice, have yet awaited further study in theory. After all, the study of fuzzy nature of the legislative language is still not enough depth,so a "more haste, less speed" result may appears when carrying out related systems with no enough accumulation of theoretical studies.Only on the base of in-depth academic studies and on the related systems of standardization of the legislative language,can the negative significance of fuzzy legislative language be effectively inhibited,and can its positive significance be fully brought into play.