论当代中国法律术语的规范化进程

Standardization Process of Legal Terms in Contemporary China

中国法律自1905年清末变法至今,尚未形成一套精准而专业化的法律表意系统,但是正在形成,而且大致形成,因此已经具备法律术语规范化研究的基础。研究法律术语的规范化,实际上是研究汉语文明的法律表意系统,促进这一表意系统的专业性与表现力。在法律制度与学科理论发展过程中,法律术语的混乱是一种不可避免的现象,但是我们应该正视问题并审慎分析其原因,并加以解决。

The study of the standardization of legal terminology is actually a research of the legal expression system of Chinese civilization, and promotes the professionalism and expressiveness of this ideographic system. Since the law reform in the late Qing Dynasty in 1905, Chinese law has not yet formed a set of precise and professional legal ideographic systems, but it is being formed and is generally formed. Therefore, it has already established the basis for the standardization of legal terminology. In the process of the development of legal system and subject theory, the confusion of legal terminology is an inevitable phenomenon, but we should face up to the problem and carefully analyze its causes in order to solve it.