A Jurisprudential Analysis Of Legal Uncertainty

The main reason why the role of law can replace the rule by man is that law is thewisdom is not be affected by desire. As the goddess of the law who wears crape is notemotional,therefore she can effectively avoid the weakness of human nature. Legaloperation have the characteristics of deterministic, with people such as order, stabilityand desire. But thinking preference, inert cannot disguise the reality of socialdevelopment and change. Along with the social economy development mode andsocial organizations in the form of a huge change, the intrinsic nature of the law, thenotion of uncertainty gradually emerges. The idea of uncertainty not appear abrupt, itwith certainty, has its strict social contexts can find. Only the correct understanding tothe inherent nature of legal uncertainty, can effectively recognize order and justice,stability and the contradiction of change, achieve the relative certainty of the law.The first part of this article aim to historically analyze from two aspects,theregion of the codified movement——civil law system, Anglo-American law systemthat relative rejection standardization, procedure since the beginning. Elaborated themodern western law about the method of social theory basis of legal uncertainty. Thesecond part illustrates the embodiment of the legal uncertainty, from the law ontologythe uncertainty of the micro level and macro level, the conclusion is that uncertainty isdifficult to eliminate the intrinsic attributes of law. On the basis of the above views,the third part mainly together with the present situation of legal system in our country,through legislative, judicial and legal thought from three aspects of interaction, theuncertainty in the search for the relative certainty of the law.