Legal documents refer to the relevant documents produced by the state judicial organs within their functions and powers; The language of legal documents belongs to official document style, mainly using written language; First, use words accurately; Words are the building materials of languages and the smallest list of independent languages. In the specific provisions of China's criminal law, many provisions have such provisions: the same crime; Legal language should be clear and appropriate, with clear positive and negative attitudes, and should not be vague; In judicial work, more precise wording is required; Second, the sentence expression should be rigorous; The so-called expression
On the Language Expression Skills of Legal Documents
Legal documents refer to all kinds of documents produced by national judicial organs within their functions and powers related to handling criminal, civil and economic disputes and non-litigation events. It is not a universal code of conduct, but a legal norm for the parties to a case (event), so it is only effective for the parties to a specific case (event). It is a legal fact and the result of applying the law. That is to say, legal documents refer to documents with legal effect or legal significance formulated by all legal subjects in our country in handling all kinds of litigation cases and engaging in non-litigation activities in order to correctly apply and enforce the law, according to legal provisions and their respective powers or rights, and are a direct reflection of the judicial organs handling specific cases.
The language of legal documents belongs to official document style, mainly written language. It adapts to different communication fields, selects language materials and means of expression by reflecting the purpose, content and object, and forms a language system with a specific style. Because judicial work is directly related to the rights and interests of the state collective and the vital interests of citizens, the use of language and writing is more demanding than all kinds of articles in other styles. A legal worker should not only be familiar with the law, but also study and master the language standardization requirements in the process of making legal documents, so as to improve his written expression ability. Only norms can produce accuracy and purity, gain authority and coercion, and meet the needs of judicial work. Alfred, a famous contemporary jurist? Sir Denning warned us that if you want to succeed in a career related to law, you must try your best to cultivate your ability to master the language. ? McCormick also said: Law is actually just a kind of legal linguistics. ? So what are the specific requirements for the standardization of legal document language?
Requirements for standardization of legal document language. Use words accurately.
Words are the building materials of language and the smallest independent language unit. The misuse of a word often brings extremely serious consequences. A dime, a thousand miles? . Accurate use of words is the lifeline of legal document language and the primary requirement of legal document production. A word "no", the gain and loss of a word, and even the misuse of a punctuation mark will cause irreparable losses. Like what? Zhang Moumou and Wang have been to the murder scene? . Are there any partial words used in this sentence? Follow? Belong to prepositions like conjunctions and judgments? Follow? If regarded as a conjunction, what is the subject? Zhang Moumou and Wang? So, this phrase? Zhang Moumou? Is one of the murder suspects. Follow? If you are a preposition in a sentence, Zhang Moumou? Is the subject? With Wang? Is an adverbial, indicating the object to follow, then? Zhang Moumou? He is an accessory at best. It can be seen that the words must be carefully considered, carefully thought out, word for word, and strive for perfection, so as not to affect the correct implementation of the law and cause adverse consequences. First of all, we should carefully temper the text and find out the most exact meaning. Guo Dui said: The so-called tempering is probably to strive for accuracy, vividness and image in these places, so that people can understand your content and concepts more easily. ? The vocabulary of modern Chinese is quite complex, with many synonyms, synonyms and homophones, and there are extremely subtle differences in meaning and usage. Therefore, when making legal documents, it is necessary to repeatedly scrutinize and temper the words, find out the most appropriate and accurate words from the vocabulary of Wang Yang Sea, and express the contents of the documents most accurately. Like violation and violation, obstruction and obstruction, mistakes and shortcomings, destruction and damage, reprimand and blame, ills and negligence, their basic meanings are roughly the same, but the degree of expression is different, the former is more important and the latter is less significant. For another example, what are the lenient punishments for crimes? Lighter? And then what? Relieve? ; What are the severe punishments for crimes? Heavy? And then what? Intensify? . ? Lighter? Is it a lighter punishment within the limits of legal punishment? Relieve? It should be punished below the statutory penalty; ? Heavy? Is it a heavier punishment within the limits of legal punishment? Intensify? A penalty higher than the statutory penalty shall be imposed. Words with similar appearance but different substance like this must be carefully analyzed and their meanings carefully scrutinized. Clever legal document producers pay special attention to weighing the meaning of words and choosing words appropriately in order to receive accurate expression of ideas. Secondly, use vague words correctly. Words have the characteristics of exact meaning and vague meaning. The so-called exact meaning means that the connotation and extension of the concept of words are very clear and definite. Fuzzy meaning means that the connotation and extension of the concept of words are not clear enough, mainly
If there is no clear boundary in extension. Such as morning, afternoon and nearby. Time and place are vague words. In legal documents, all descriptions of legal facts and legal acts, as well as identification of contents with legal significance, should be clear and definite, and words with exact meanings should be used instead of vague words. In particular, the time, place, plot and amount of property with legal significance should be made clear. Time and place are important factors that must be clearly explained when describing the case. If it is vague, it will make the whole case unclear and difficult to accurately identify.
In the specific provisions of China's criminal law, many articles have such provisions: for the same crime, what punishment should be imposed if the circumstances are serious and what punishment should be imposed if the circumstances are minor It can be seen that the plot is closely related to punishment. Therefore, it is very important to write clearly the circumstances of the crime. In narration, we should use exact words to express the tools, means, methods and strength used in criminal acts. The same is the use of armed robbery. Write clearly what equipment to use, whether it is a machete, a shotgun, a wooden stick or a hammer. The same knife, but also write clearly whether it is a cut or a stab wound, how hard, isn't it written? Armed robbery? . The amount of property is also an important basis for conviction and sentencing. In economic crimes, the amount of property involved in corruption or bribery is an important basis for punishment. So when you account for the amount, you must use exact figures and write down absolute figures, not just approximate figures, otherwise it will be difficult to punish according to the amount of corruption or bribery.
Legal language should be clear and appropriate, positive and negative, not vague and ambiguous, so it should not be used in legal documents? Foundation? Probably? On the whole? This kind of words. Like what? As for the terms of the contract, a general agreement has been reached. ? This sentence is ambiguous and not the language used in legal work. From the judicial point of view, the content of the agreement should be clear and specific, shouldn't it? Roughly Yes The use of such words with general meaning will bring difficulties to the interpretation and implementation of legal documents.
In judicial work, more precise words are required. If the actual situation is vague, the exact explanation is uncertain, and further investigation and study are needed to find out the truth, or out of politeness, civilization and euphemism, it is necessary to use vague words, so as to narrow the scope of ambiguity as much as possible and make it close to the exact. Of course, legal language does not completely exclude the use of vague words. In some cases, vague words can be used for factual reasons that are unnecessary or inconvenient to explain accurately and for contents that have no legal significance.
Requirements for standardization of legal document language. Sentence expression should be rigorous.
The so-called strict expression means that when explaining things, we should pay attention to the nature and characteristics of the problem objectively, comprehensively and deeply, and pay attention to distinguishing the general situation and special situation of things, as well as the connection between one thing and other things. Like what? As a lawyer, we must resolutely support the client's demands? This sentence is not thorough. ? Requirements? It's too general and only reflects the general situation of the matter. Is it? Unfair? 、? Unreasonable? Should we also firmly support the request? To make things clear, we must analyze them objectively, comprehensively and deeply, and there must be no loopholes. To express it carefully, we must pay attention to the following points:
You can't have language barriers. The language of legal documents should conform to grammatical norms, the sentence pattern should be complete, and the main components of each sentence should be subject, predicate and object. It is necessary to prevent language diseases such as incomplete components, complexity, improper collocation, disordered word order and mixed sentences.
Avoid ambiguity. The interpretation of legal language is single. Every word and sentence can only have one interpretation, and there can be no ambiguity. If we can explain it this way or that way, if both sides hold their own words, it will bring difficulties and even adverse consequences to the identification and implementation.
Avoid inconsistencies. Speaking and writing, if your own views are inconsistent, you can't reflect them correctly.
Objective things can't express ideas correctly. In court debate, if the speaker contradicts himself, he can't prove his point of view. In the production of legal documents, if they are inconsistent and self-contradictory, it is impossible to have an accurate determination, and of course, it is impossible to make a correct judgment, or to say that it cannot be executed. Legal language requires rigor and thoroughness. Whether it is to identify the facts of a crime or to make a judgment by using the law, we should pay attention to consistency and not contradict each other.
Narrow the extension of words. That is, appropriate restrictions are imposed on the text. When making legal documents, we must make necessary restrictions on words with legal significance and write their specific features clearly, so as to avoid ambiguity, leading to disputes and even resorting to law.
Requirements for standardization of legal document language. Use language concisely.
Concise language means expressing as much as possible with the least words, don't you think? What's more, what's more? . Legal language is more concise than other languages. Ceng Gong said in the Preface to the Catalogue of Books in Nanqi. Orders are laid out, laws are established, words are kept, and the body is ready, thinking it is a tool for governing the world. ? Legal documents produced by judicial organs should be precise and rigorous, and concise.
First of all, the language should be concise and clear. When making legal documents, we should delete redundant words, avoid verbosity and nonsense, and make sentences concise and lively. This is an important means of concise language. Lu Xun said? Read it at least twice after writing, and try to delete unnecessary words, sentences and paragraphs. There's nothing to regret. ? Legal language requires conciseness. If the meaning is clear, there is no need to add unnecessary words. There is something like this in an indictment:? Defendants and plaintiffs often fight. ? Fight? This is a verb, for example? Fight a lot? Just express yourself concisely, but stick to it? Fight? Add a verb in front? It happened? , manufacturing? Fight? If you become an abstract noun, the sentence will be verbose and there will be problems with word collocation.
Secondly, use rich vocabulary. In order to make the language of legal documents concise, we must choose words with rich connotations, so as to make the language concise and rich in connotations. Modern Chinese retains some essential words of ancient classical Chinese. When making legal documents, proper selection will achieve good results. Especially some four-character phrases and idioms are concise and can be used organically in legal documents. For example, the indictment of the Special Prosecutor's Office in People's Republic of China (PRC), the Supreme People's Procuratorate, describes the situation that counter-revolutionaries such as Lin Biao and Ye Qun fled and fell to their deaths, and wrote: In Windur, a sweat machine killed someone? . ? The plane crashed and people died? It is a joint phrase composed of two subject-predicate structures, and it is one of the commonly used structural forms of idioms, with concise rhetorical functions. There are many four-character words, such as? Gathering people to fight and make trouble? Use power for personal gain? Taking bribes and bending the law? And so on, often used in legal language.
Concise language is said on the premise of expressing clear meaning. If you don't express your meaning well or omit necessary words, it's not concise, but simple or careless. What legal language requires is conciseness, that is, conciseness and completeness of meaning.
Fourth, the language style should be solemn.
Language style is a special language atmosphere and language style that people produce in order to adapt to specific communication occasions and achieve certain communication purposes. Language style is closely related to style and color. Different styles of language have different characteristics, and different styles also have different characteristics in word collocation. The correct use of words with stylistic color can not only accurately express one's thoughts and feelings, but also create a language atmosphere suitable for the expression content. The language of legal documents belongs to the style of official documents and has a high degree of seriousness. When using words, we must pay attention to the solemnity of style and color, take a clear stand and meet the stylistic requirements of official documents.
First of all, we must be solemn and serious. The language of legal documents requires an objective and true reflection of things, unlike literary language.
In order to decorate and render as much as possible, don't mix praise with criticism, and use special rhetorical devices such as personification and exaggeration.
Secondly, we must take a clear stand. For example:? Defendant Zhang Moumou flouted national laws, attacked and killed innocent people by armed means, which was extremely cruel. This is a heinous crime. If he doesn't kill them, the anger of the civilians is not enough. Therefore, according to the first paragraph of the Criminal Law of People's Republic of China (PRC)? Articles? The verdict is as follows: This is a statement by criminal judgment, which uses some four-character words and classical Chinese words. It has a distinctive language style of legal documents, which is solemn, solemn and inviolable.
Third, use legal terms, not spoken or dialect. Due to the solemnity of legal language, all kinds of judicial documents or speeches on some serious occasions should be written language, especially legal language, not spoken language, let alone dialects. If it is to record the defendant's confession or witness testimony, in order to play a real and concrete role, you can keep the oral color. Legal language is a rational language, which requires the use of standardized written language, and cannot use irregular and inaccurate life language.
The solemnity of legal language is not only the requirement of official document style, but also determined by the high seriousness of legal work. Therefore, when using words, we must pay attention to the coordination with style and color. In particular, notices that need to be posted are public documents announced to the public. Under the eyes of the public, it has a wide influence, and more attention should be paid to solemnity, so as not to undermine the seriousness of judicial work. Requirements for standardization of legal document language. The paragraph structure should be rigorous.
Legal documents have their unique structural forms. When arranging the paragraph structure, it is necessary to adapt the structure to the format requirements of the document, and require the producers to correctly express their thoughts and contents in a strict standard format of legal documents, clarify the structural parts of legal documents, highlight the center and trunk, start correctly, connect closely, respond naturally and end reasonably. The arrangement of the structure should correctly reflect the internal relations of the contents of the document, be comprehensive and impeccable. The factual materials should be well organized, without omissions or defects, and the contents of the documents should be closely linked and clearly taken care of. In short, documents should be rigorous, natural, complete and unified from content to form.