| Indefinite legal concepts are concluded in accordance with the certainty degree of connotation and denotation based on the interpretation on legal norms' component elements as well as legal concepts for those states with statute laws.Compared with certain legal concepts,the difference lies in quantity and there is no clear demarcation between them.It is rheologic for the connotation and denotation of uncertain legal concepts.Therefore,they can only be described,but not defined.The uncertain legal concepts in legal text is legislator's authorization to justiciary,which mainly dedicates to solving the contradiction between infinity of social facts and the finiteness of legal norm quantity.The operation process in judicial practice is as followed:firstly,a legal discovery is necessary before applying uncertain legal concepts to specific cases;Next,to find the relevant legal norms of uncertain legal concepts that are involved in case facts;Finally,to explain specific laws.Since indefinite legal concepts cannot evaluate particular case facts accurately,it is necessary to confirm word meaning by the value goals pursued by legislation.The formation of uncertain legal concepts is a product of the contradiction between the infinity of human cognition and the finiteness of social development.At the same time,it's also legislators' intentionally selected result in order to achieve legal value goals.In terms of language expression,it is represented by vague language application.The concepts expressed by such vague language are genre concepts in legal norms.The uncertain legal concepts must be embodied during application.In addition,the traditional way of logical deduction cannot be adopted to embody uncertain legal concepts for judicial approach.The language that expresses concepts is the most suitable:to understand words structure and make clear referents with semantic interpretation.On this basis,a language environment is taken into account in order to embody uncertain legal concepts. |
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