Legal Anaysis Of The Certainty And The Uncertainty Of Law

It is inevitably that human nature with the feelings of weaknesses such as arbitrary,random，but there is no such weaknesses to the law. Because of the law and its operationwith the characteristics of certainty, the law can overcome the negative impacts of humannon-rational emotional factors. Certainty is the excellent characteristic and spirit of law,which represents the hope of security, stability and order that law should safeguard. First,it finds the internal reasons of certainty of the rules and the power. And from the otherside, the certainty of the law become more and more obvious, becuase the definiteness,universality and mandatory of the law. But there are also the characteristics of a certaindegree of uncertainty with the reason of the limited of language, the low level of thegnosia of the human, the different of life experience, and the uncertainty of evidencethat the judge accept. In essence, the certainty and the uncertainty is just like the two sideof coin. They are antagonistic to each other, and also unified. The certainty of law is amulti-level concept the author believes that the concept should contain the followingmodules of meaning: the clarity of the meaning of law, the universality of legal extension,the stability of the legal form and the stability effectiveness of the law running. It means:the property and status to achieve the stability effectiveness through the clarity of themeaning of law, which is based on the universality of legal extension and the stability ofthe legal form. The certainty of law is a tension inherent concept. Excessive pursuit toachieve the certainty of law in order to close out the arbitrary and informal in the processof the run of law may leads to the absolute opinion: Strict rules of absolute, which is notthe normal state. Contemporary, excessive belittle the certainty of law may slide into山eextreme anti-opinion: Absolute discretion, which is contrary to the concept of law, and it isnot the meaning of law. The rule of law should be certainty, but it is not absolute, rigidopinion, it should be relative certainty, not only insists on the certainty of law, but alsodoes not slide to the extreme. The thesis analysis the relative certainty of law from theaspect of history，the aspect of ontology, the aspect of the law running, the aspect of therelation between law and society, the aspect of the philosophical knowledge to demonstratethe scientific and rationality of the relative certainty of law.