Legal Uncertainty And The Improvement Of The Legislative Technique

The legal certainty, is the western law tradition academic point of view. At the end of the nineteenth Century since the beginning of the twentieth Century, the western law circles position on the subject began to change, began to emphasize the uncertainty of law. On whether the law of uncertainty on the considerable influence of the rule of law and its function of cognition. Our socialist legal construction has made great achievements, but the authority of law has not been fully established, judicial discretion has not been effective regulation, research and explore the certainty of law has more realistic significance. In this paper, through the following four parts of contents on the uncertainty of law to carry on the discussion and the analysis, pointed out that the uncertainty of law and legislation the relationship between technology, puts forward some suggestions to improve the legislation technology to improve the uncertainty of law.The first part, on the uncertainty of law theory was expounded, and analysis the uncertainty of law forms, put forward the legal uncertainty mainly for the legal uncertainty, the uncertainty of the judicial process and other social factors leading to uncertainty. Analysis of the legal uncertainty theory, holds that language itself is fuzzy, human’s limited cognitive ability and the objective world constantly changing legal uncertainty theory. Analysis on legal certainty and uncertainty theory dispute of legal uncertainty, the theory of reflection and evaluation, put forward from one perspective to define the legal uncertainty concept.The second part, analysis the uncertainty of law in the legislation of our country’s performance. Legal language fuzziness, the text of the law in practice to implement and laws between the conflicting is the uncertainty of law in legislation of China mainly.The third part, the legislative technology and law demonstrates the relationship between uncertainty. Through the legislative technology theory on legislative technology concept have a more clear understanding of. Talking about the legislation of law and technology the relationship between uncertainty, think in legislative legislative methods and strategies, legislation and legislative planning, prediction of legislation drafting of legal uncertainty caused great influence.The fourth part, demonstrated by improving legislative technique improve the certainty of law degree. Through the further implementation of legal theory and judicial practice the principle of combining, to further strengthen the legislation work, strengthen legislation and legislative planning forecast work, improve the certainty of law. Through the formation of a solid theoretical foundation, has superb technology and legislation legislative competence, legislative purpose have clear understanding and accurate grasp of the draft law drafting team; strengthen the legal language in particular legislative language standardization research; to establish a rational legislative language corpus; in legislation regulating laws representations improve the certainty of law degree.In conclusion, based on the legal uncertainty theory analysis and research, the use of literature analysis and empirical analysis methods points out the uncertainty of law in the legislation of our country forms, demonstrating the uncertainty of law and legislation technology, puts forward some suggestions to improve the legislation technology to improve the level of certainty of law, the legal norm to be better on our country’s judicial practice to clear norms and guidelines, effectively restrain the judicial wanton and arbitrary, promote the establishment of legal authority, promote the process of the rule of law.