立法的语言与逻辑失范现象举隅——以诉讼法为语料

On the Solecism and Illogical Phenomenon of Legislation Language——Using Procedure Laws as Language Material

从语法及逻辑规则角度规范立法语言是准确理解与适用法律的必要条件。我国现行三大诉讼法在对某些重要法律概念的界定与表述上有违语法、逻辑规则;个别规定之间欠缺逻辑联系甚至存在逻辑矛盾。正确运用定义、划分等逻辑方法,严格遵守同一律、矛盾律等逻辑基本规律,准确领会并合理应用逻辑联结项,恰当选择使用标点符号、基数、序数词等一系列规范化工作的进行,对于完善诉讼法立法活动、保障诉讼法的顺利实施具有举足轻重的作用。

In order to understand and apply law accurately,it is important to regulate the legislative language from the aspects of grammar and logic.However,there are several defects in our Procedure Laws.The defects are as follows： the definition and statement of certain significant legal concepts have not conformed to grammar and logic rules,and there is logical contradiction between some regulations for lack of logical relation.Therefore,the work such as using the logical methods like definition and classification correctly,obeying the logical rules like the law of identity and the law of contradiction strictly,understanding accurately and applying reasonably the logical connective,and using punctuation mark,cardinal number and ordinal number properly,will play an important role in improving our Procedure Laws.