The Definition And Value Of Uncertain Legal Concept

The certain legal concept has clear component parts. A tightly logic and completeself-sustaining system can be set up based on the certain legal concept. However, theambiguity and obscurity of language make the above system hard to be established.Compared with the certain legal concept, the uncertain legal concept doesn’t haveclear component parts and epitaxy. It needs to be specified with the value supplement,but it is exactly what its value is. Its openness overcomes the stiff resistance and theinjustice in law case. Based on the necessity of the presence of uncertain legalconcepts, this article will focus on the definition of uncertain concept and its value.Chapter first is the introduction.In this section,in order to make the readers havea preliminary understanding of the uncertain legal concept, the author will introducethe background of the topic, the purpose and significance of the study,the method ofstudy and the difficulties and innovation in this paper one by one.Chapter two is the definition of the uncertain concept.This chapter will define itsspecial features of the certain legal concept and generalize the property of uncertainlegal concept based on the definitions of uncertain legal concept made by differentscholars.Meanwhile,the divisions of the uncertain legal concept are also explained inthis chapter. In order to define the connotation and denotation of the uncertain legalconcept, a distinction must be made between the uncertain legal concept andadministrative discretion.Chapter three is the generated reason of the uncertain legal concept. It is aspecial kind of legal concept existing in different department regulations. Itsformation is the result of multidimensional comprehensive reasons. The author willanalyze the reasons for the generation of uncertain legal concept from the complexityof the society, the characteristics of human language, as well as the selection anddesign of legislators.Chapter four is the value of the uncertain legal concepts. Firstly, the inevitabilityof uncertain legal concept will be described. And then the enormous inherent socialvalue of the uncertain legal concept will be summarized. Finally, some deficiencies ofthe uncertain legal concept will be put forward in order to make the law applicableuse the uncertain legal concept reasonably.