摘要
根据传统的范畴理论,法律表达应符合准确性这一基本要求,故追求准确为立法语言和司法语言的目标之一。但是,由于对事物的界定模糊不清以及人类的认知能力有限,法律语言尤其是立法语言中常使用模糊词语,有助于增强语言表达的效率及保护当事人权利,但也会带来诸如过分扩大法官自由裁量权等不利后果。对于法律语言的模糊性,可借助内外部指导、司法判决以及相关语境而使之明确化,从而有效地限制法官的自由裁量权过分膨胀。
In accordance with traditional theory, legal language should be accurate, and accuracy has ever been the aim of legislative and judicial languages. However, owing to vague definitions of things and events and the limited cognitive ability of mankind, vagueness is by no means a rare phenomenon in the language of law, especially in legislative language. On the one hand, vagueness bears certain pragmatic function that may heighten the effect of expression and help to protect the rights of the parties. On the other hand, it may result in disadvantages such as the over extension of discretional power of judges. As to vagueness of legal language, we can take certain counter-measures to ascertain its exact meanings by way of consulting inner and outer instructions, referring to judicial decisions and relying on relevant context so as to restrain effectively over the expansion of discretionary power of judges.
出处
《西南政法大学学报》
2006年第2期125-131,共7页
Journal of Southwest University of Political Science and Law
关键词
法律语言
模糊性
语用功效
legal language
vagueness
pragmatic function
