论法律概念的模糊性-逻辑学专业论文.docxVIP

II II Abstract Legal is clarity and rigor for role of law is to establish the rights and obligations of the members of society, and to prevent crime effctive. If the concept of law is not certain, in which people would understand it in this or that way, the law will throw the man into mess,what’s more, the state will become chaotic, even be destoryed. but there are a lot of ambiguity concepts in law. such as huge amount, serious, huge unidentified property, as appropriate punishment and bad means “affection and so on. The ambiguity of concept is inevitability exsit in the law. First, laws are a certain length, we can only use abstraction, generalization, and even general statements, to allow a limited number of pages include as much as possible the social reality; Then, the judicial officers can handle cases flexible and the fuzzy concept can make up the blank of law; Again, the ambiguity of concept has a special role to protect the leaking of state secrets and personal privacy. Although the role of the vague concept is important,but the use of the fuzzy concept is quite upset, and we should use it more less more better, and pay more attention to not use it in some respects Fuzzy concept may lead people to misunderstand the case, which inevitably will affect the judicial activities. For the objective conditions in legislation, resulting in the use of a few vague concept in legal papers more or less. As a result, many cases are difficult to operate in the judicial process, which is likely to cause unfair in the judicial activities. Therefore, in order to eliminate the disadvantages of the ambiguity of concept, and to maintain the fairness and justice of the law, we need to clarifier the ambiguity. While the main approaches are through lawmaking and legal interpretation. Keywords: law, ambiguity ,logic,criminal law, crime, clarity III III 目 录 引 言 1 第 1 章 法律模糊概念概述 4 1.1 模糊概念的含义 4 1.2 模糊概念存在的原因 5 1.3 模糊概念在法律中的作用 7 1.4 法律模糊概念的具体应用 8 1.5 模糊概念在法律中不能