Uncertainty Of Law In Jurisprudence Analysis

The certainty of law is the basis of the rule of law. There is always controversyabout the certainty of law. Some people think that law is absolutely certain, thereforewhen face a specific case, the judge’s duty is just applying rules mechanically, whilethe others believe that law is uncertain, foe example, legal principles, unlike rules,cannot serve as a test offer grounds to judges for their adjudication. It needs judges’value judgment. This article analyzes different view on the certainty of law, webelieve that law is relative uncertain, and it shows through judicial process.Besides the preface and conclusion, the article is divided into three parts asfollows:The first chapter discusses the certainty of law and the uncertainty of law. Thecertainty of law is the aim and requirement of the rule of law. After a briefintroduction of theoretical foundation of the certainty of law, the chapter points outquery of the certainty of law, and analyze effects of the uncertainty of law to legalpractice.The second chapter studies the uncertainty of law in judicial process. First partis the manifestations of this uncertainty in judicial procedure, containing theuncertainty of legal concept, the uncertainty of verification of legal facts, theuncertainty of legal rules, the uncertainty of the judicial results. Second part analyzesthe reasons that cause the uncertainty of law in judicial process. Because the wordsare fuzzy, their meanings are always change. It also because of limitation inlegislation, and the complexity of the society, and subjective factors of the judges’,the all cause the uncertainty of law.The third chapter provides the measures of settling the uncertainty of law injudicial process. At present, there are various viewpoints among researchers in ourcountry. This article explores three ways mainly: judicial discretion, judicialinterpretation, introduction of case law in our country. Based on the existingachievement, we think that those strategies could play a role to the settlement of the uncertainty of law, but the also have some disadvantages. So we may take othermeasures. For example, we need to perfect the legislation, strengthen the proceduresystem of application of law, improve quality of judges, use legal methods, such aslegal interpretation, supplements of loopholes in the law, value measurement and soon.