艰难的规范之路——民事裁判文书语病浅析

The Hard Way to Norm ——General Analysis of Faulty Wordings in the Paper of Civil Judgement

裁判文书是人民法院代表国家行使审判权,通过审判活动依法对案件的程序问题和实体问题作出处理决定的文件;其用语必须遵循民族共同语的语法规则,然而,人民法院的裁判文书中,不符合共同语语法规范的现象屡见不鲜,主要体现在成分残缺或多余、句子成分搭配不当、语义两岐、语义重复和结构杂糅五个方面。

Verdict paper is a kind of document with which people's court represents the state to perform juridical authority and make legal decisions on the case procedures and substance problems during the whole judicial activity. The language in such paper should follow the grammatical rules of certain people's common language. However, it's a frequent phenomenon that so many words in verdict paper are not in conformity with the common language rules, and it mainly reflects in these five aspects : incomplete or unwanted components, incorrect collocation of sentence elements, sentence ambiguity, repetitions of meanings and mixed and mingled structures .