Study on the Vagueness of Law
Abstract
The trend of integrating modern science with development becomes a driving factor of producing fuzzy theory. Because of reflecting the real attributes of objective things, fuzzy theory is widely used in the fields of natural sciences, humanities and social sciences. Legal rules are also fuzzy in the legal field. Main sources for the vagueness of law mainly contain the existence of legal loopholes and conflict rules, impact of uncertain factors including legislative ability, political factors, benefit factors and so on in the process of legislation and the vagueness of legal language itself. The vagueness of law has advantages and disadvantages. Chinese legislation went through a process of fuzzy legislation for historical reasons. However, the development of modern society requires legislation to enter a new era of weakening legislation and even limiting the vagueness of legislation.
Keywords
Vagueness; Main Sources; Legal Language; LegislationText
DOI
10.12783/dtssehs/icssd2018/27414
10.12783/dtssehs/icssd2018/27414