法律的不确定性及其克服研究法学理论专业论文.docxVIP

首都经济贸易大学硕士学位论文 首都经济贸易大学硕士学位论文 法律的不确定性及其克服研究 Abstract：The indeterminacy of law refers to the existing legal norms cannot provide unique reasonable solution to pending social disputes within its ffamework． Correct understanding the legal Indeterminacy and proper treat the problem is necessary．It has great significance for the maintemnee the scientific of and faith of mled audience for law．The fhst part of this paper,based the summary ofexisting academic researeh result on the legal indeterminacy,detailed analyze the connotation of”law”and”indeterminacy”which ale the two basic concepts in the proposition of legal indeterminacy．Through the compared and analyzed ofthe different definition of concept,eventually defined the scope of this paper in the aspect of substantive law level,and the indeterminacy problem dm to reasons ofthe hw．own．The second part ofthis paper,carries on the analysis on this issue from the perspective ofthe history of legal thoughts．Comb the cognitive process of legal indeterminacy theory in accordance with the order of historical devebpment．And connect deterministic theory in different periods with its time and social background，in order to find the development venation．The third part of this article，mainly analyzes the legal indeterminacy in reality basis．Type analys is through the uncertainty correlation theory and different situation injudicial practice．This paper argues that reasons ofthe legal indeterminacy be summarized into three types，namely the legal language defects itself,the limited ratiomlity of legislator,judicial response under the change of social and legal concept．Based clear the reason of legal indeterminacy,this paper discuss the positive significance ofthe poss如le existence in legal indeterminacy The main content of the fourth part ofthis paper is the necessity analysis and the way of overcoming the indeterminacy of the law．Due to the representative problems of umertain cases exist in the field of social cogniti