| Since the birth of vague linguistics,academic circles have been actively discussing the issue of language vagueness.Corresponding to this,the legislative language as a natural language variant has also attracted widespread attention from scholars.Accur acy is the primar y feature of legislative language and the soul of legislative language.However,since the enactment of the law,there has been a problem of ambiguity in the legislative language,which has caused obstacles of one kind or another in the ap plication of the law.Even the most savvy legislator chooses the legislative language rigorously,the ambiguity of the legislative language cannot be completely eliminated.The vagueness of legislative language has its advantages,so its existence is reaso nable.When the vagueness of legislative language is unavoidable,how to limit it to a certain range as much as possible? This is to study the issue of legislative language vagueness.the goal of.The research on the ambiguity of legislative language,firs t of all,in theor y,can fill in the gaps in the field of research,and realize the importance of legislative technology;second,in practice,it is conducive to promoting the process of standardization of legislative language and the reasonable progress o f judges.Judicial trial.The main structure and content of the thesis include four parts: The first part summarizes the vagueness of legislative language,firstly introduces the concepts of vagueness and legislative language vagueness,and points out tha t although accurac y is the goal pursued b y legislative activities,the legislative language is vague Sex is unavoidable;secondly,it distinguishes between vagueness and ambiguity,ambiguity,uncertainty and other easily confusing concepts,so as to deepen the understanding of the vagueness of legislative language.The second part classifies and summarizes the manifestations of the ambiguity of legislative language and the existing problems from three aspects.The first is that improper use of words leads t o the unclear scope of the law,including the unclear extension which leads to the ambiguity in the scope of the law and abstract words that lead to the law.The scope of application is difficult to define,the degree words cause flexibility in the scope o f legal application,and general terms lead to the expansion of the scope of legal application;second,vague phrases lead to unclear legal application conditions,including unclear behavior and legal consequences;third,lack or lack of subject Clarificat ion leads to ambiguity of the subject of law application.The third part discusses the causes of the ambiguity of legislative language from the objective and subjective aspects.Firstly,there are factors such as the ambiguity of language itself,the compl exity of legal phenomena,the generality of legal norms,and the h ysteresis of the law in the objective aspect;There are factors such as the difference in the ability of legislators,the limited understanding of social life,the value measurement of legis lators,and the choice of legislative techniques.The fourth part proposes wa ys to improve the ambiguity of legislative language.First,although the ambiguity of legislative language is inevitable,its use mus t be limited to a certain degree,and it must be used conditionally as a supplement to accuracy,and it must be used in a certain context.,To be used based on the relevance between sentences;the second is to put forward higher requirements for the quality of legislators,which is the premise and ke y to alleviate the ambiguity of legislative language;the third is to improve the relevant legislative technolog y,distinguish and compare polysemous words,synon yms,Accumulate the use of similar words and restrict the use of subjective terms;regulate the combination of legislative texts and sentence structure;fourth,strengthen the understanding and application of legal interpretation methods,supplement legal provisions in combination with context,and combine abstract legal provisions with specific The case is combined. |
