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On The Ambiguity Of Legal Concept

Posted on:2013-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2256330401451370Subject:Logic
Abstract/Summary:PDF Full Text Request
Legal is clarity and rigor for role of law is to establish the rights and obligations of themembers of society, and to prevent crime effctive. If the concept of law is not certain, inwhich people would understand it in this or that way, the law will throw the man intomess,what’s more, the state will become chaotic, even be destoryed. but there are a lot ofambiguity concepts in law. such as "huge amount","serious","huge unidentified property,"as appropriate punishment "and" bad means"“affection "and so on.The ambiguity of concept is inevitability exsit in the law. First, laws are a certain length,we can only use abstraction, generalization, and even general statements, to allow a limitednumber of pages include as much as possible the social reality; Then, the judicial officerscan handle cases flexible and the fuzzy concept can make up the blank of law; Again, theambiguity of concept has a special role to protect the leaking of state secrets and personalprivacy. Although the role of the vague concept is important,but the use of the fuzzyconcept is quite upset, and we should use it more less more better, and pay more attentionto not use it in some respectsFuzzy concept may lead people to misunderstand the case, which inevitably will affectthe judicial activities. For the objective conditions in legislation, resulting in the use of afew vague concept in legal papers more or less. As a result, many cases are difficult tooperate in the judicial process, which is likely to cause unfair in the judicial activities.Therefore, in order to eliminate the disadvantages of the ambiguity of concept, and tomaintain the fairness and justice of the law, we need to clarifier the ambiguity. While themain approaches are through lawmaking and legal interpretation.
Keywords/Search Tags:law, ambiguity, logic, criminal law, crime, clarity
PDF Full Text Request
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