论法的模糊性及其正面价值法理学专业论文.docxVIP

重庆大 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT In average persons impression, it’s very difficult to relate law with “vague”, as if they are the concepts which have nothing to do. The emphasis of law’s vagueness will incur many censures without hesitation definitely. The people always think that the law is explicit, affirmative, and it’s easily been assurance and utilized. It not probably and cannot be ambiguous or specious. People believe that all legal matter can have an only correct answer smoothly. However, once penetrates into the law suitable stratification plane and along with legal science research thorough, people, especially department law expert, more and more discovered abstract and explicit legal rules often appear pale and weak in front of the richly colorful real life. Law enforcement officials frequently fall into a dilemma in front of difficult case. The people start to realize the law has vague side besides clear and affirmative side. Law’s vagueness has appeared until 20th century. The western legal principle theory of law educational world has had three famous controversies from the 50s. Laws indeterminacy is one of Hearts important academic thought, which is also the three controversys important topic. West legal science world, although not yet alone systematically proposes law’s vagueness, but the law uncertainty actually already became one of west the present age legal science world discussions main topics. And they refer to the law uncertainty certain aspects and the law vagueness meaning has place of the superposition. But this kind of understanding has not formed the complete system, which is quite still scattered and even has not formed the dignity the theory or the school of thought and has not sought to the solution vagueness question efficacious device. In our country, although many scholars mentioned law’s vagueness more or less during the discussion about legal indeterminacy, law’s limitation and the legal crack and so on. But take the