The Certainty Of Law And The Choice Of Legislative Language

The certainty of law has always been the goal of legal person. Debates on the uncertainty of law never stop and it is believed to continue in future. With the certainty of law as its starting point, this thesis, in the legislation context, combining the related linguistic theories, discusses the interactive logical relationship between the certainty of law and the legislative language, and in the end sums up the selection criteria of legislative language to realize the certainty of law on the specific operational level by taking Marriage Law as a research object.Part 1 introduces the definition of the certainty of law in the legislation context. Firstly, the thesis fixes the scope of discussing the certainty of law. Through review of Legal Realism and the Philosophy of Language, it concludes that the certainty of law is in fact that the implication of legal provisions gets certainty and objectivity after linguistic expression. Meanwhile, we should see that the certainty which we seek for is a relative certainty and it's realistically significant to seek this certainty currently in our country. Since seeking for the certainty of law is an important goal during the process of legislation, Part 2, through researching the legislative language proper, mainly reveals the logical relationship between the legislative language and the certainty of law, i.e., how the two interact and influence each other; and how the style of legislative language, the basis and premise to realize the certainty of law, reflects the certainty of law. Part 3 is the body of this thesis, where the selection criteria of legislative language to realize the certainty of law in the process of legislation. The thesis finally ends with the summarization of approaches to institutionalization.Through the data collected previously, it is found that fruitful studies have been carried out on the definiteness of law from various viewpoints. Meanwhile, studies on legislative language proper are also started on different levels in the field of legislation and even that of linguistics. However, few studies connect these two issues together, taking the logic relationship between the definiteness of law and the legislative language as a starting point. Regarding to the structure of this thesis, it begins with relatively abstract and macroscopic theories; the body, combined with specific laws, discusses how to realize the definiteness of law by choosing legislative language and finally, it summarizes the methods to realize the definiteness of law. The thesis takes Marriage Law as both its analysis object and analysis tool. With combination of theories and text, argument and evidence, it avoids being such a thesis that applies grammar theories to analyzing simply the pragmatic errors in the legislative texts only from the angle of diction and sentence making.