法律定义与法治——重视法律明确性

Definition of Law and Rule of Law—Emphasis on Legal Clarity

法律概念作为法律要素中最基本的细胞,法律概念具备明确性,既能够充分体现立法者的真实意图,也是司法者和执法者在实际适用法律的过程中的重要依据,更是民众据以理解和遵守法律规范的重要前提。而法律定义作为能够明确法律概念的逻辑方法之一,尽管法律概念与法律定义两者在多数场合会被混同使用,但从方法论角度进行区分两者还是存在显著区别。最基本的定义对于法治的实现与法治逻辑的建构有着密切的关联因而对于法律定义基本要素、特点、类型等进行研究,不仅可以进一步对立法的现状进行理解和反思,也有助于帮助民众、执法和司法工作人员更好的理解法律真意,从而正确恰当的运用法律,只有切实保障法律的明确性,才能进一步在思维与实践中都更加接近法治。

The concept of law, as the most basic cell of legal elements, has its clarity, which not only can fully reflect the real intention of the legislators, but also is an important basis for the judiciary and law enforcers in the process of applying the law in practice, it is also an important prerequisite for people to understand and abide by legal norms. And legal definition is one of the logical ways to define the legal concept, although legal concept and legal definition are used together in most situations, however, from the perspective of methodology to distinguish between the two or there are significant differences. The basic definition is closely related to the realization of the rule of law and the construction of the logic of the rule of law, it can not only further understand and reflect on the status quo of legislation, but also help the public, law enforcement and judicial personnel to better understand the true meaning of the law, so as to correctly and appropriately use the law, only by ensuring the clarity of law can we get closer to the rule of law in our thinking and practice.