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Study On Ambiguity Of Legal Languages

Posted on:2016-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:H L HeFull Text:PDF
GTID:2296330464458920Subject:Law
Abstract/Summary:PDF Full Text Request
Over the years, preciseness is kn own as the soul of le gal language, because preciseness can reflect the authority of law. As a matter of fact, the ambiguity always be through the legislative and judi cial activities. It likes a double-edged sword, not only has its own advantages, but al so has disadvantages. The study on ambiguity of legal language will have significant th eoretical practical value, pl aying an important role on the development of society. The article is divided into five parts.The chapter one is overview of legal language fuzziness, concentrating on the significance of study, historical evolution, studying achie vements of dom estic and abroad.The chapter two is reasons for legal language fuzziness, focus on following aspects: essential attribute of human nature language, uncertain factor of legal professional terms, the differentiation of cultural and the variability of social development. In addition, this chapter also makes examples for classification of legal language fuzziness.The chapter three m ainly introduces the positive advantages of legal language fuzziness: it is benef icial to ens ure the sta bility of law, affirm the scientif ic standardization of legislati on, strengthen the flexibility of judiciary, reflect the humanized function of law.The chapter four is abo ut disadvantages of legal language fuzziness: it may cause dispute among people, cause abusing executi ve power, cause unjust judiciary, even hinder the harmony of law architecture.The chapter five is the measures to avoid shortcomings of legal language fuzziness. On one hand, we can s et out to mastering the fuzzy degree of legal words; use legal jargon as far as possible and avoid using words with subjective em otion; make use of stylized discourse, fully em bodies the connotation of law. On the other hand, we can through perfecting legislation and judicial interpretation, improving the quality of judges.
Keywords/Search Tags:Legal Language Ambiguity, Reasons and Classification, Advantages, Disadvantages, Measures to Avoid Disadvantages
PDF Full Text Request
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