Research On The Judicial Application Of Uncertain Legal Concept

The law should have certainty,because if people want to comply with the law,they must know what the law stipulates.Therefore,the meaning of law should be clear.The certainty of law can be understood from two aspects of expression and application: from the perspective of legal expression,because most of the laws people abide by are presented in the form of normative legal provisions,and most of the legal provisions are made in the more familiar daily language,therefore,the public can often understand most of the legal provisions and understand the legal intent clearly Most of them have no difficulty in understanding.From the perspective of the application of law,the judiciary clearly knows what kind of law is applicable to the fact and the specific content of the law,so he can also find a certain answer between the fact and the law,and the answer should be the only correct one.Similarly,for law-abiding people,they can make expectations of legal consequences,and then guide or adjust their behavior.Therefore,for the application of law,the certainty of law means the predictability and the only correctness of legal results.However,law has one side of certainty and another side of uncertainty.The uncertain legal concept is one of the important manifestations of uncertainty in law.The first to explore the concept of uncertain law is in the field of administrative law.However,the concept of uncertain law not only exists in the field of administrative law,but also exists in a large number of rules and provisions in other sectors of law,such as "social public interest","public order and good custom" in the field of civil law.However,due to the fuzziness of natural language and the high abstraction of concepts,these uncertain legal concepts have great uncertainty in connotation and extension.At the same time,in the relevant legal provisions,many uncertain legal concepts lack the corresponding definition,which also makes it difficult to apply directly to specific legal cases.In addition,the social practice life regulated by uncertain legal concepts is complex and diverse,and the humancognitive ability is limited,the richness and refinement of human language are not enough to foresee and accurately express the diversity of social phenomena in the long run.In addition,the tension between the creation of legal concepts and the application of the judiciary makes the application of uncertain legal concepts a difficult problem 。 Because the uncertainty of uncertain legal concept has a negative effect,it may not only bring inconvenience and difficulty to the judicial application of law,but also people’s understanding of uncertain legal concept is confused,the relevant legal results are difficult to predict,and they can’t guide and regulate their own behavior correctly.This will not only damage the judicial credibility and legal authority,but also affect people’s belief in the law,thus affecting the construction of the rule of law society.In order to reduce the "uncertainty" of uncertain legal concepts,it is necessary to examine the theoretical dilemmas of the application of uncertain legal concepts,and make a comparative analysis of the current legal methods on the application of uncertain legal concepts,such as "legal interpretation","loophole supplement" and "value supplement",and combine the due process theory,so as to make uncertain legal concept it applicable to the realization of "unique correctness" in the meaning of simulacrum in content and form.