立法語言規(guī)范化研究.pdf

1、廣西師范大學碩士學位論文立法語言規(guī)范化研究姓名：祝坤伶申請學位級別：碩士專業(yè)：法理學指導教師：@20090401廣西師范大學碩士學位論文 IIStudy on the standardization of legislative language Abstract Author □□□ Supervisor Prof. □□□ Specialty Jurisprudence Research direction Marxism

2、Jurisprudence Grade 2006 Since last century, law researchers began to pay their attention to language, Hart used the theory of philosophy of language in his study and found a self-build kingdom of the law. “Linguistic t

3、urn“ points a new path - the path of linguistics to the researchers after Hart, they started to analysis the relationship between law and language, and theory of the Legal language was born. The study of legislative lang

4、uage of our country began at the end of 70's and early 80's in the 20th century, it’s basic on the system of Linguistics and build a system of legislative language step by step. It focus on the following three as

5、pects:1. Introduce the situation of foreign study, Introduce the origin, the development and its main content of legal language from a macro point;2. The ontology of Legislative language, which analysis the legislative l

6、anguage on the framework of the Linguistics system;3. Practical application of the legal language, discuss specific applications of the Legal language on legislative, judicial, and legal enforcement. The theory of pragma

7、tics and semantics attracts more and more scholars’ concern as the in-depth study, and it seems that the legislative language study towards at the direction of pragmatics and semantics. Study the legislative language bas

8、e on Wittgenstein and Austin’s theory of Day-to-day behavior from the perspective of pragmatics and semantics. But it isn’t the fundamental solution to the non-standard of legislative language, though it has made some ac

9、hievements like the dialectical recognize between uncertainty and ambiguity, the interaction of the two and affirmation of Vagueness words, etc. This paper analysis the standardization of the legislative language begin w

10、ith the basic component ,both in legal and empirical sides, and try to find a linguistic path to the good law. Analytical method is one of the methods commonly used in legal language research. This paper selects the typi

11、cal judicial cases from the official laws and regulations, newspapers and magazines. Then come to discussion of the legislative language basic on the analysis of its Characteristics of words, sentence and style. This art

12、icle includes three parts: introduction, main subject and the conclusion. The introduction is mainly to tell that the standardization of the legislative language is the linguistic path to the good law, by introduce the S

13、ignificance of the topic, the main content and the writing methods. There are five chapters in the main subject. The first chapter including the connotation and legal value of the legislative language, and the following

14、three chapters discuss the non-standard of legislative language by analysis its basic composition of the current legal texts. The fifth chapter is about the methods of the standardization of legislative language, the dis

15、cussion expands around technical standards, the quality of legislators and the systems. The conclusion is the outline of the whole paper. Key words: legislative language; words; sentence; style of legislative language