法治层次观照下的法律语言发展完善

The Development and Improvement of the Legal language Based on the Theory of Hierarchies of Rules of Law

法律语言与法律文化的关系密不可分。法律语言的完善程度是法律文化是否成熟的重要标志。法治是有层次的,法律语言必须具有多种特征才能与之相适应。法律语言需要进一步发展完善,立法语言应在准确、严谨的基础上,尽量简明、平实;司法文书写作风格要多样化并增强其内容的说理性;法制宣传要关注民众需求,注重宣传的实效。这是法治层次论对法律语言发展完善的客观要求。

The relationship between the legal language and legal culture are inseparable. The degree of the legal language＇ s perfection is the important sign of the legal culture＇ s maturity. According to the theory of the hierarchy of rule of law, the rule of law manifests for different levels ： the legal significance, the social meaning, the value significance, and so on. Therefore, the legal language must adapt tO them. Nowadays, our legal language in the whole law world should be improved and perfected：the legislative language should be concise and plain based on its accuracy and preciseness ; the language in the judicial documents should have diversified writing styles and strong rationality about its contents;the propaganda should pay attention to the public demand to promote the practical effect. These are the objective requirements requested by the rule of law theory to the development and perfection of our legal language.