Research On The Fuzziness Of The Regulation Of Criminal Law

The fuzziness of the regulation of Criminal Law has been considered as synonymous of backward, authoritarian, imperfect. However, in recent years, along with the deepening research of Criminal Law, minority scholars issued a different view, and gradually affirmed the objective necessity and positive values of the fuzziness to Criminal Law. In view of this, on the basis of clarity of the fuzziness of the regulation of Criminal Law,then expand the vagueness of the inevitability and necessity of the criminal law.Because of the structure of language and the limitations of knowledge of human and combined with the development of socity and legislators’ choice,above all could prove the inevitability and necessity of the fuzziness to regulation of criminal law.In ordor to keep the vitality,stability, universality, strictness and authority of regulation of Criminal Law, achive substantial justice,so there is necessity of fuzziness. Since the inevitability and necessity, then we need to analyze the situation existing in the regulation of Criminal Law, and seeks to control fuzzy language. Based on this, we make substantive interpretation as a guidance to direct the interpretation of the fuzzy language from legislation, judicature and precedent system.So we try to overcome the negative effects of fuzzy language,make use of it for maximum extent, and control the fuzzy language to improve and applicate the regulation of Criminal Law.