Analysis Of The Ambiguity Of Legal Concepts

Concepts and words are the most basic units in the world of thought and language.The connection between thought and language determines that the concept is the content of words,and the words are the expression of concepts.The vagueness caused by human distinguishing activities as a kind of incompleteness is the basic attribute of concepts and words and is universal.Conceptual vagueness leads to the concept that cannot fully capture the fact they correspond to,and the vagueness of the word causes its words to not fully express its corresponding concept.A legal concept is a concept,so it has the commonality of general concepts,distinguishes functions.The facts distinguished by legal concepts are legal facts with value orientation,and the legal concept is influenced by legal norms normative will,so it has a value storage function.The legal concept differs from the general concept in that it has a dual function and has two sorts of vagueness.Legal words are the legal concepts of linguistics,followed by two functions and two kind of vagueness of legal concepts.The vagueness of the word makes the legal word itself unable to fully express all the contents of the legal concept,especially in some occasions,several different legal concepts are often expressed by a same legal word,which aggravates the vagueness of the legal words.The legal concept is inseparable from the expression of legal words.When people understand legal concepts through legal words superimposed by “triple vagueness”,the legal concepts they know are always inadequate.In Chinese,legal words also are used as externalization forms of legal concepts.There are three kind common vagueness found in current legal texts: generalized vagueness,quantitative vagueness and degree vagueness.If existing language usage and lexcial rules do not work or if these methods are used but it is not possible to determine whether legal facts can be captured by legal concepts,then "word confirmation" can be used to reduce the uncertain effects of vagueness.The essence of "word confirmation" is to ignore the irrelevant features of the marginal part of the legal concept and the legal facts,and highlight the key features of the legal concept and legal facts,so that they can establish contact.