论法律文书歧义句的负面影响、成因及消解

On the Negative Effect of Ambiguous Sentences in Legal Documents and Its Causes and Solutions

歧义句是指其意义存在两种或两种以上理解的句子。法律文书歧义句影响办案的效率,增加司法机关办案负担,损害有关当事人的利益。法律文书语言歧义句是由于词语的多义性、词义范围过大、结构多样性、语序不当、标点符号使用不当、施受关系不明和指代不明等原因造成的。法律文书歧义句可采用选用单义词语、追加语境,运用限制、标点符号、明确施受关系和指代对象等方法消解。

Ambiguous sentences refer to the sentences with two or more meanings and can affect the efficiency of case disposal , increase the burden of judicial organs and damage the interests of the involved parties .The causes of ambiguous sentences are various , such as ambiguous words or phrases , large scope of word meaning , variety of sentence structure , improper word order and punctuation , vague relation of argument and predicate and unclear pronoun , etc.Its solutions can be found accordingly by choosing words with single meaning , adding language context , properly using limitation and punctuation , making clear the relation of argument and predicate and clarifying the subject of pronoun .