On The Fuzziness Of Legal Language

Law is a normative symbol while language is a bridge between people and legal norms but also a carrier of law.The art of expression in legal language is the value to construct authority of law.Therefore,the study of legal language has become a major trend of legal method.The vague phenomenon of legal language is the starting point of thinking in this article,hoping to open a door to the labyrinth of legislative language and lead a deeper and more valuable academic reflection.In the process of using legal language,it will be affected by both language and legislation,and there must be ambiguity in legal language.The reasons for the formation of legal language ambiguity can be roughly divided into two categories: one is the nature of language itself and the limitation of human cognition,and the other is the basic attributes of law and the difference of legal culture.The vague legal language will also have two consequences in the specific application.Firstly,it is positively oriented,that is,increasing the flexibility of law application,realizing the stability of the law and embodying the solemn and rigorous and humanistic care of the law.Secondly it is negatively oriented,that is,the situation of judicial injustice,strong discretion,and confusing judicial practice due to excessive blurring and excessive abstraction of law.It can be seen that legal language cannot achieve complete de-ambiguity and has an irreplaceable positive role.It is necessary to pursue the unity of relative accuracy and ambiguity of legal language.In this case,the reasonable control of legal language ambiguity is very important.How to overcome the disadvantages of legal language ambiguity is an important topic discussed in this article.Therefore,based on the basic theory of ambiguity,this article is to correctly understand the relative accuracy and ambiguity of legal language Critical state through discussing the reasons for the existence of legal language ambiguity and explaining its positive and negative effects in combination with cases and statutes.It is believed that the disadvantages of legal language ambiguity can be overcome in the following ways:the first is to use fuzzy restrictive words and neutral words without emotion bias to control ambiguity;the second is to introduce type thinking to help the application of vague legal provisions;the third is to combine value guided thinking uses legalinterpretation.From the choice of legal text words,the application of general legal provisions,to legal practice,judgments and other aspects to overcome the drawbacks of legal language ambiguity,the relative accuracy of legal language is pursued in order to achieve best application,realize the reality of the law and maintain the unification of the legal system.