A Study On Language Standardization Of Civil Code In China

In the current social field,civil law occupies the first place in both depth and breadth.At the present stage,the establishment and compilation of the civil code has become a significant mark of a mature legal system and present stability of life of the people.It is regarded as the basis for the current rule of law.At present,China is at an important historical period of the establishment and compilation of the civil code.At this period,the research of experts are mainly concerned about the guiding principles,basic principles,structural of civil law system and content of the civil code,but ignoring the legislative language of the civil code.However,the language of the civil code not only determines the quality of the civil code,but also affects the expression of legislative purpose.So it has a very important value to study.The introduction discusses the research background and the process of compiling the civil code in China.After the decision of strengthening the concept of ruling the country by law was passed during the fourth Plenary Session of the 18 th CPC Central Committee,the compilation of the civil code has become an important legislative task of the country.During the fifth session of the 12 th National People's Congress,General Provisions of Civil Law of the People's Republic of China was reviewed and passed,thus initiating the formulation and compilation of the civil code.The literature review,mainly including the research of legislative languages both at home andabroad.The research method of this paper is documentary analysis.The first chapter mainly analyzes the current status of the language anomie of civil law in China.In the first part,the same articles in General Provisions of Civil Law and General Principles of Civil Law have been compared.It can be found that the legal language in China has been gradually standardized although some language problems still exist.In the second part,the causes of the language anomie of civil law in China have been analyzed,mainly including the social problems,the lawmakers' lack of Chinese language thinking as well as the conflict between explicitness and implicitness of legislative language.In the third part,the consequence of language anomie of civil law in China has been analyzed,mainly including the inability to fully convey the legislative objective,the lower legislative quality,the waste of legislative resources and the increasing difficulty in popularizing the law.With the existing property law of China used as the language material,the second chapter is devoted to analyzing the problem of language anomie in the articles of the property law and also offering some advice on the modification.In the first part,the vocabulary problem has been analyzed,mainly including the unclear concept,vague expression,inappropriate style,and misuse of attributive language and lack of consistency.In the second part,the semantic problems have been analyzed,mainly including semantic conflict,semantic repetition,semantic deficiency,semantic vagueness and normative repetition.In the third part,the grammatical problems have been analyzed,mainly including the missing of some grammatical elements,misuse of grammatical relation,improper word order and misuse of punctuation.The third chapter has explored the routes for standardizing the language of civil law in China.In the first part,the legislative language abroad has been researched,which can provide some inspiration for the standardization of civil code in China.In addition to the textual norm and procedural design,two necessary routes for standardizing the civil code in China have been proposed in the second part.The textual norm consists of three parts.The first is the language norm.It is proposed that legislative bodies should establish the legislative language bank for the civil law.The second is the logic norm.During the process of compiling the civil code,the civilcode should be based on the General Provisions of Civil Law.The logic relationship between different articles and words in the whole civil code should be handled properly.The third is the legal norm,which means that the legislative language should be consistent with the original legislative intention.As to the procedural design,the inspection subject of the legislative language should be confirmed.The pre-set proceedings for the inspection of legislative language should be also established.From the perspective of forensic linguistics,this paper has chosen the property law for the analysis of language material and also analyzed the language anomie in the existing civil law in China.By researching and exploring the routes for standardizing the language of civil law in China,this paper hopes to provide some valuable advice on the formulation and compilation of the civil code in China.