Vagueness Of Legislative Language And Standardization Of Response

Law is the most important tool for national governments,and good law is a prerequisite for good governance.The law always has the function of "dispute settlement".Therefore,it is generally believed that the legal language of legislation should be clear and precious.Only in this way can the law effectively regulate social order.However,law is static while society is constantly moving forward.If static legislative language is to be used for the adjustment of the changing and emerging events in the real world,it is inevitable that vagueness must be allowed in legal norms.From the nature of linguistics,legal norms cannot exist completely without vague language.The vagueness of legal norms naturally penetrates into legislative and judicial laws.This article deals mainly with vagueness in legislation.A detailed analysis of the subjective and objective causes of vagueness from a multi-dimensional perspective objectively illustrates the legitimacy of legislative language vagueness and its problems.Combined with the vagueness of legislative language in China’s legal texts,taking vague expressions such as "extremely bad",and "close relatives" as examples,it shows that vagueness is widespread and frequent in legislation.Finally,many standards were proposed to regulate the vagueness of Chinese legislative language: the general idea is to make full use of its advantages and avoid its disadvantages as much as possible.Firstly,this article outlines the vagueness of legislative language,and mainly introduces the research background,meaning,and current research status of legislative language vagueness.The next step is to analyze in detail the subjective and objective reasons for the vagueness of legislative language from a multidimensional perspective.The thesis holds that the essential characteristics of objective things,the essential characteristics of natural language,the limitations of human cognition,the initiative of human beings to exert their subjective initiative,and the active choice of fuzzy processing are important reasons for the vagueness of legislative language.In addition,some specific manifestations of the vagueness of legislative language are briefly listed.Taking vague expressions such as “extremely bad”,and “close relatives” as examples,it illustrates that vagueness is widespread and frequent in legislation.Secondly,it states objectively the legitimacy of the vagueness of legislative language and its related issues.Explain the positive effects of vagueness in legislative language.Including helping to ensure the stability of the law,helping to realize the scientific nature of legislation,helping to improve the flexibility of the judiciary,and helping to reflect the humane care of the law.It also explains the shortcomings of vagueness in legislative language.These issues include complicating the parties’ rights and obligations in dispute settlement,abuse of administrative power and autocracy,judicial injustice and judicial corruption,and division of labor that impedes the coordination of the legal system.Finally,the main measures against the vagueness of legal language are proposed.On the one hand,from the perspective of micro-linguistics: grasp the vagueness of vague words to clarify legal expressions,use legal terms to avoid using words with subjective emotions,and use stylized text to fully reflect the connotation of legal norms.The second is to improve the quality of judges by improving legislation and judicial interpretation.Through the analysis and research of this article,I mainly try to overthrow those ideas that eliminate vagueness and aim to achieve a perfect and accurate legislative model.It is reasonable and necessary for the legislative language to be vague.Not only will it not cause confusion to the judiciary and damage the authority of the judiciary,but it will also greatly promote the improvement of the rule of law and the establishment of a democratic system.Of course,the development of things must proceed within the scope of the law.Therefore,the vagueness of China’s legislative language should also be controlled within a legal and reasonable range.