Analysis And Control Of The Uncertainty Factors In Law

Law form is divided into static shape and movement form.The legal uncertainty factors is more obvious in movement forms. we think that legislative and judicial is the most important aspects in law movement forms.Law uncertainty proposition can be resolved from this two aspects.Uncertainty factors in the law also refers to uncertainty factors in the operation of law and we wants to make this an abstract problem specific.The legal uncertainty and certainty is a basic problem of jurisprudence and it is similar to the material and consciousness in philosophy.Before we answer every legal issues we should choose our position on legal certainty and uncertainty problem.Therefore, we decided to start from the relationship between legal uncertainty and legal certainty.First of all, we illustrate the related concepts of legal uncertainty and certainty that they are unity of opposites, and to make a brief combing historical arguments and view.Then we summarize the law of uncertainty as the main body and object elements from the perspective of judicial and legislative, put forward reasonable control on two aspects.The last, we combine balance of law and the development of Chinese rule, locating in the local construction of the Chinese law.China's theory of rule of law should be based on Chinese culture, however,western legal thoughts and Chinese traditional legal thoughts also should be respected.A country to respect the thought will produce great ideas, and great idea is the power to promote a country.