For the Civil Code,The people not only need to understand its legal concepts,Also understand its language style。Legal language has a unique style,Familiar with it to understand the law accurately、Use the law correctly。On the one hand,The "Civil Code" uses precise language to form complex specific regulations,Constructed a special concept system。On the other hand,The "Civil Code" inherits and carries forward the "people-friendly" tradition of my country's civil law language,Exhibit simplicity in language style、Condensation、Easy to understand new look。It has concise statements,Avoid using complex expressions;It is concisely written,Avoid lengthy sentences;It is close to the masses,Using popular language in many places。Omission is a concentrated expression of this language style。Understanding the phenomenon of language omission in the Civil Code,Understand the motivation behind omission,Helps enhance understanding bet365 sign up bonus code Civil Code。
Reduction of bet365 sign up bonus code ingredients Accurately understand the law
The "Civil Code" uses a large number of omitted sentences。Ellipsis is a common sentence pattern in Chinese。For example: "The steamed buns are freshly made,[ ]It’s delicious。”The subject “steamed buns” is omitted in front of “very delicious” here。Accurately restore the omitted ingredients,is the key to understanding omitted sentences。For example, Article 44, Paragraph 2 bet365 sign up bonus code General Provisions: The property administrator has legitimate reasons,[ ]You can apply to the People’s Court to change the property custodian。The subjects bet365 sign up bonus code two sentences before and after this article are both "property custodian"。The subject bet365 sign up bonus code previous sentence is at the beginning bet365 sign up bonus code sentence,The omitted subject bet365 sign up bonus code second sentence is also at the beginning bet365 sign up bonus code sentence。The two are in symmetrical positions with each other,The latter sentence takes over the previous sentence and omits the subject。This arrangement facilitates memory and association,It is convenient for readers to restore the omitted ingredients,Accurately understand the law,It is very reasonable。
Omitting the subject is the most common omission phenomenon in the Civil Code。The subjects of Chinese sentences are mostly at the beginning,The position is relatively fixed,It is logical to omit the subject bet365 sign up bonus code previous sentence。Another common omitted object,It’s a little more complicated。This is mainly because the position bet365 sign up bonus code object is more flexible,Generally not in a fixed position in the sentence。The omitted object may not be the object bet365 sign up bonus code previous sentence。For example, Article 94, Paragraph 1 bet365 sign up bonus code "General Provisions": Donors have the right to inquire from the donating legal person about the use of donated property、Management situation,And provide comments and suggestions,Donations to legal persons should be made in a timely manner、Answer truthfully[ ]。The object is omitted after "reply" at the end of this sentence。It can be seen from the above that the omitted object is "donor"。And "donor" is the subject bet365 sign up bonus code previous sentence,Not at the corresponding position bet365 sign up bonus code omitted component。Although it is slightly complicated to restore,Such an omission is still necessary。Reasonable omissions can make the writing concise,Avoid lengthy sentences,Save reading time。
Make full use of context to clarify bet365 sign up bonus code connotations
The legal relationships stipulated in the Civil Code are sometimes complicated,Need to express in multiple sentences,There are also omitted sentences。For example, Article 53 bet365 sign up bonus code "General Provisions": A person whose death declaration has been revoked has the right to request the return bet365 sign up bonus code property from the civil subject who obtained his property in accordance with the inheritance law。Unreturnable,[ ]Should be given appropriate compensation。The sentence "appropriate compensation should be given" omits the subject at the beginning bet365 sign up bonus code sentence。Read the sentences carefully to find out,The subject at the beginning bet365 sign up bonus code first sentence "the person whose death declaration was revoked" is not the subject bet365 sign up bonus code second sentence。This does not conform to the convention of omitting the preceding。Read the first sentence carefully again,Discovered that there is another possible subject "the civil subject who acquires its property in accordance with the inheritance law"。Bring it into the second sentence,You can tell based on the meaning,“Civil subjects who acquire their property in accordance with the inheritance law” is indeed the omitted subject。But other languages have more words,To avoid complicated language、The law is too long,It is necessary to omit it。Restore such omitted components,You need to make full use of context,Understand the law correctly in context。Restore the omitted ingredients at this time,When legal relationships are more complex,Continuous omissions may occur in the text。For example, Article 171, Paragraph 1 bet365 sign up bonus code "General Provisions" stipulates: The actor has no right of agency、Beyond the agency rights or after the termination bet365 sign up bonus code agency rights,Proxy behavior still implemented,[ ] Without ratification by the agent,Not effective for the principal。The second paragraph stipulates: The counterparty may urge the principal to ratify it within one month from the date of receipt bet365 sign up bonus code notice。The principal did not make any representation,Deemed as refusal to ratify[ ]。
The object bet365 sign up bonus code verb "recognize" is omitted in the second paragraph。The word “recognition” also appears in the first paragraph。The sentence in which it is located "without ratification by the agent" omits the subject。It can be inferred from the context,The omitted subject of this sentence is "agent behavior"。The complete sentence should be "the agency act has not been ratified by the principal"。Bring “agency behavior” back to the second paragraph,Place it in "verify after ratification",It can be confirmed that the omitted object is also an "agent behavior"。The omitted object in the second paragraph is actually the omitted subject in the first paragraph。It can be seen from this,When there are consecutive omissions in the legal provisions,Readers need to understand the characteristics of omitted sentences in the Civil Code,Click on the picture to search,Read back multiple times,Look for clues throughout the context。
In addition,Legal background knowledge、Lack of legal awareness and other aspects will also affect the understanding of legal provisions。The level of legal knowledge among the people varies,The understanding of some omission phenomena is also different。For example, Article 121 bet365 sign up bonus code General Provisions: No statutory or agreed obligations,A person who [manages...] in order to avoid loss of interests of others,The right to request the beneficiary to repay the necessary expenses。The sentence "manage" does not indicate the object or object to be managed,There is no object that can be paired with "management" in the context。Readers with insufficient legal knowledge may find it difficult to accurately understand its meaning。
Understand the word "的" Interpretation of bet365 sign up bonus code conditions
Our country’s laws have formed a specific language tradition,Has distinctive language features,This is reflected in the word "的"。As early as 1950 in the Marriage Law,Use it to express legal conditions。For example, Article 17 stipulates that both men and women shall divorce voluntarily,Divorce granted。The "" here indicates legal conditions,The following "divorce is granted" is the legal consequence。The word "的"has obvious characteristics of spoken language,Making the law easy to understand。The word "的" is the most commonly used sentence pattern in the Civil Code,This is an important manifestation bet365 sign up bonus code pursuit of people-friendly legislative work in the new era。In Chinese,The word "的" is a common omission。For example, omit "person",Use "vegetable seller" to refer to "vegetable seller"。The "Civil Code" uses the word "的" to express legal conditions,What is omitted is mostly "situation"。For example, Article 166 bet365 sign up bonus code "General Provisions": Where several persons are agents for the same agency matter [ ],Should jointly exercise agency rights,But unless otherwise agreed by the parties。The first sentence of this article can be interpreted as the omitted form of "the situation",Can be reduced to "the situation where several persons are agents for the same agency matter"。
However,Not all "the" words can be interpreted as "the situation"。For example, Article 48 bet365 sign up bonus code "General Provisions": Person declared dead,The date when the People’s Court declares death is deemed to be the date of death;Declared dead due to unknown accident [ ],The date bet365 sign up bonus code accident is deemed to be the date of death。The two sentences before and after the semicolon in this article have similar structures,The position of "the person who was declared dead" in the previous sentence is opposite to the position of "the person who was declared dead due to an unknown incident" in the second sentence,Semantic consistency。The pronoun "qi" appears again in the last sentence,Explicitly refers to a person。Therefore,Here "the" is more likely to be reduced to "person",It means "a person whose whereabouts are unknown and declared dead due to an accident"。
The word "的" in the Civil Code,May be the omitted form of "case",It may also be the omitted form of "the + other",Other omissions may also be superimposed,The situation is more complicated。For example, Article 83 bet365 sign up bonus code "General Provisions": Abusing the rights of an investor causing losses to legal persons or other investors [ ],Should bear civil liability in accordance with the law。This article can be understood as omitting the word "investor" after the word "的",means "an investor who abuses the investor's rights and causes losses to legal persons or other investors";It can also be understood as the double omission of "situation" and the subject "investor",means "a situation in which an investor abuses the investor's rights and causes losses to legal persons or other investors"。Another example is Article 31, Paragraph 4 bet365 sign up bonus code General Provisions: After the guardian is appointed,No unauthorized changes;Unauthorized changes[ ],Does not relieve the designated guardian of his responsibilities。The "unauthorized change" can be understood as omitting the "guardian",Revert to "Guardian who changed without authorization";It can also be understood as the double omission of subject and "situation",Revert to "situation where the guardian changes without authorization";Or understood as the double omission of object and "situation",Restored to "Case in which guardian is changed without authorization"。Overall,The word "的" in the Civil Code,Large quantity,The situation is complicated,Need to be combined with specific practices,Understand more carefully。
Omit unnecessary language elements,Can make statements concise、Smooth writing。This shows the simplicity bet365 sign up bonus code language style bet365 sign up bonus code Civil Code、Concise appearance,Reflects legislators’ pursuit of “people-friendly” laws。On the one hand,The law has strong professional characteristics,Legislation often builds a specialized language system,Separated from external language systems。Use a specialized legal language system,Guaranteeing a stable legal norm system。On the other hand,Civil law regulates all aspects of everyone’s daily life,Inseparable from the production and life bet365 sign up bonus code people,Closely related to the development of all walks of life,The language should be easy to understand。A Civil Code requires both “professionalism” and “accuracy”,It also needs to be “people-friendly” and “easy to understand”,Both are indispensable,It’s not easy。Legislators in the new era are actively exploring the relationship between the professionalization and popularization of legal language,Find the right balance between the two,Shaped the new look bet365 sign up bonus code language style bet365 sign up bonus code Civil Code。
(Author’s unit: School of Foreign bet365 sign up bonus code, Beihang University)
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