Vagueness Of Legal Language

Law is formulated and approved according to the benefit and willness of ruling class of the nation, which are the summation of the code of conduct and have the property of mandatory implementation by the country.For so long, the purpose of the law was identified as “settling dispute”. So, it is stated that the language of the law must have high degree of accuracy. That is the lay language must be precise,clear and definite,which can’t have multi-meanings, in order to specify the rights and obligations for all parties.Nevertheless, language ambiguity in the law language can’t be completely avoided to some extent. Some scholars took《Criminal Law of the People’s Republic of China》as an example and made a statistics accordingly. Result is that there are hundreds of vague language which be used in different section of penal law. As the fuzziness of law language, result in the law’s mandatory can’t be accepted by the public and bring a misunderstanding and impression to the public “law is formulated by the judge”.It is very hard for the judges when they want adopt the proper legal provision as the “vague language “always happened, Which is not facilitate the development of a socialist legal system,so the investigate the characteristics of the fuzziness of legislative language have a significant sense.Fuzziness legislation is a legal phenomenon in the history of Sino-foreign co-existing legislation. The law is static, and the community is continually advancing development. This suggests the existence of legislation fuzziness is inevitable. Abstract, isolated, static legal norms adjust reality dynamic, implicated specific event, it will inevitably have to make legal norms a certain degree of ambiguity. But the purpose of the law is "settling disputes", as the external form of the legal principle of legal language of the law is the accuracy of the language, the language that is required by law to be clear, is not ambivalent, to define the rights and obligations of the parties Claim. Therefore, the accuracy and ambiguity are two important features of legal language.Firstly, the ambiguity of the language of the legislation overview, but demonstrate the ambiguity of the relationship between the legislature and the ambiguity of the language law. Followed by a detailed analysis of fuzziness and accuracy legislative language to explain the dialectical relationship between the two. Then analyze the accuracy and necessity of legislative language, while legislative language for vagueness and its advantages and disadvantages do the analysis, explained the role of positive and negative legislative language fuzziness brought. Through empirical analysis of vague legislative language to China’s "Criminal Law" and "Contract Law" for example, for a case of vagueness of the interpretation of legislative language, also for the judicial practice for legislative language fuzziness Applications are summarized. Finally, the application of the legislative language of the Road fuzziness are described, the general idea is to develop the advantage of avoiding the shortcomings of the legislative language of vagueness, in addition, also for the general application of the principle of legislative language vagueness analysis made.Through the analysis of this paper, I would like to explain the existence of legislative language vagueness and rationality, get rid of the myth of legal accuracy proved fuzziness legislative language is how to influence legislation and judicial practice, the kind you want to eliminate ambiguity, achieve complete accuracy attempt is impossible, but also unnecessary. And how to apply the legislative language of this inherent fuzziness gives recommendations.