The Study On Vagueness Of Legislative Language

Law is the instrument of governance,and good law is the prerequisite of good governance.Law always has the function of “setting disputes”.Therefore,it is generally believed that legal language should be accurate and clear.Because only this law can play its purpose of adjusting social order.But after all,the law is stationery,and society is constantly moving forward.If we want to use steady state language to accommodate the dynamic and involved events in reality.It would necessarily portend that there is ambiguity in the legal norms to some extent.From the perspective of linguistic essence,any other legal norms can't completely out of the language of ambiguity.Of course,the vagueness of the legal system runs through the legislative and judicial aspects,and it focuses on the ambiguity of legislative.Legislative language fuzziness is a common existing law on the Chinese and foreign legislative history appearance,Which has long history.This paper summarizes the fuzziness of legislative language,and differentiates the fuzziness and other related concepts,such as uncertainty,ambiguity,and so on.Then,This paper makes a multi-dimensional analysis of the reasons for formation of the vagueness of legislative language in the subjective and objective aspects and the problems it bring.Combined with the embodiment of the fuzziness of legislative language in Chinese legal texts,this paper takes the provisions of fuzziness such as “serious circumstance”?“legal principles”?and “knowing clearly”as example to illustrate the universality and frequency of the existence of fuzziness in China.Finally,a series of standards are proposed to regulate the fuzziness of Chinese legislative language.The general idea of the fuzziness of legislative is to absorb its advantage its disadvantages as much as possible.Due to the influence of the traditional ideas of our country,it is often thought that vagueness is a negative aspect,so the emphasis has been insufficient.Therefore,there are many loss of specification of vagueness legislative in Chinese legal texts.Through the analysis and research in this paper,The author's purpose is trying to overthrow those who want to eliminate ambiguity and achieve full accuracy legislation mode of thinking.It's reasonable and necessary to have the vagueness of the legislation,not only not to disrupt the chaos of justice and to undermine the authority of the law,but its existence has a huge role in the development of the rule of law and the construction of democracy.Of course,the development of any of these things has to be done within a legal limit.The requirement in the criminal law of our country must be within the scope of the “principle of legality”.Therefore,there should be a legal and reasonable limit to the existence of the vagueness of legislative language,We should take the attitude of “discard the dross and select the essence” for the fuzziness of legislative language.