Vague Legal Language And Judicial Response

Law,as the basic criterion to guide people's behavior norms,is also the basis for judges to decide cases.Certainty has always been regarded as one of the goals of legal system construction.Legal language ambiguity has caused an impact on the certainty of law,but it has also expressed an objective pattern of law.The judge is an important participant in the interpretation of vague legal language,and his choice determines the ultimate distribution of rights and obligations of the parties involved.Therefore,how the justice deal with vague legal language becomes a problem that needs to be further discussed.The legal text is the basis of the judge to decide the case,the legal language constitutes the legal text,and the legal language is vague and objective.Vague legal language is a problem of the uncertainty of legal expressions in terms of semantics,including the uncertainty of the generic boundary of law and the intentional addition of vague words in legislation.Judicial response is the judge's "legal interpretation in the judiciary",which is different from "judicial interpretation",and there is no possibility of being interpreted twice.Vague language has its advantages and disadvantages.While reducing the cost of legislation,enhancing the applicability of the law,and satisfying the needs of judges and parties to a case.At the same time,it will also increase the cost of law applicable to judges,the growth of power rent-seeking,the increase in the number of cases and the decrease in legal predictability.Due to the vagueness of language itself and the constant emergence of new things,the vagueness of language cannot be eliminated.At the same time,it is also because different readers have different interpretations of the legal language,the problem of vague legal language is intensified.Moreover,vague legal language is also a legislative technique adopted by legislators,so it does not need to be completely eliminated.The judge's experience,appointment,and assessment criteria will have an effect on the degree of vague legal language.Traditional methods of interpretation of texts and sentences,explanations of systems,explanations of history,and purpose of interpretation all provide thoughts for judges to interpret vague legal language.However,they all have limitations and cannot completely eliminate legal language vagueness.Using economic analysis of law methods,taking into account the consideration of cost and benefit in the process of law application,and the judge takes a single owner as the perspective.In order to pursue the maximization of social wealth,using incentive analysis as the method,to predict the outcome of case trials in the future.The influence is used as the basis for choosing a vague legal language.Furthermore,a good judgment can bring positive influence.In the final production of the judgment,the judge pays attention to the reasoning of the case,use rhetorical skills,to achieve good incentives for the society.There are advantages and disadvantages to the legal language's ambiguity,so it is the right choice for a rational person not to abandon it blindly.Therefore,in the face of vague legal language,under the premise that the vagueness of legal language can not be completely eliminated,the judge in the process of exercising judicial power must be faced with the problem of ambiguous legal language.Economic analysis of law provides a new perspective for judges,who pursue the maximization of social wealth,pay attention to the comparison of costs and benefits,and make legal and reasonable decisions for specific cases.So that the trial results have a good incentive for society.