Knowing the new style of the language of the Civil Code
March 03, 2021 09:16 Source: "China Social Sciences", March 3, 2021, Issue 2117, author

For the Civil Code,The people not only need to understand its legal concept,Also understand its language style。Legal language has a unique style,Familiar with it can accurately understand the law、Use the law correctly。One aspect,"Civil Code" forms complex specific specifications with accurate language,Build a special concept system。On the other hand,"Civil Code" inherits and promotes the "friend" tradition of the language of Chinese law,Show simplicity in language style、Concrete、New appearance that is easy to understand。It is simple,Avoid using complex expressions;,Avoid the use of lengthy sentences; it is close to the masses,Using popular languages ​​in many places。omitting is the concentrated manifestation of this language style。Knowing the language of the Civil Code,Understand the motivation behind omitting,It helps to enhance the understanding of the Civil Code。

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"Civil Code" uses a large number of omitted sentences。omitted sentences are commonly used sentence patterns in Chinese。For example: "The steamed buns are made now,[] Very delicious。"" Very delicious "here is omitted before the subject" steamed bun "。Accurately restore the omitted ingredients,The key to understanding omittime。For example, Article 44, Paragraph 2 of the General Principles: The property custodian has a legitimate reason,[] can apply to the people's court。The subjects of the two sentences before and after this article are "property custody"。The subject of the previous sentence is at the beginning of the sentence,The subject that is omitted in the following sentence is Bet365 app download also the first。The two are in the symmetrical position,The latter sentence is omitted by the first sentence。This arrangement is easy to memory and association,Convenient to restore readers omit ingredients,Accurately understand the method,It is very reasonable。

omittopment is the most common omittitude of "Civil Code"。The subject of Chinese sentences is mostly in the first sentence,The location is relatively fixed,The first sentence is omitted by the subject.。Another common omitted object,It's slightly complicated。This is mainly because the position of the object is more flexible,Generally not in the fixed position in the sentence。omitted objects may not be the object of the previous sentence。For example, Article 94, Paragraph 1 of the General Principles: The donor has the right to use the use of donations to the donation legal person、Management,and make comments and suggestions,Donating legal person should be timely、Answer truthfully []。At the end of this sentence, the object is omitted after "response"。From the above, it can be seen that the omitted object is "donor"。"Donor" is the subject of the previous sentence,It is not in the corresponding position of omitted ingredients。Although the restore is slightly complicated,This is still necessary。Reasonable omission can condense the text,Avoid the lengthy sentence,Save reading time。

  Make full use of the context to clear legal connotation

The legal relationship stipulated in the Civil Code is sometimes more complicated,Need to express it in multiple sentences,Among them, there are also omitted sentences。For example, Article 53 of the General Principles: Those who have been withdrawn the death of death have the right to request the civil entity that obtains its property in accordance with the inheritance law.Bet365 app download 。Unable to return,[] should be given appropriate compensation。"A proper compensation should be given" omitted in the first position of the sentence。Reading sentences can be found,The subject of the first sentence of the first sentence "The person who was withdrawn the death" is not the subject of the second sentence。This is not in line with the practice of omitting before。Read the first sentence again,It is found that there is another possible subject "Civil entity that obtains its property in accordance with the inheritance method"。Bring it into the second sentence,You can judge according to the meaning,"The civil subject of obtaining its property in accordance with the inheritance method" is indeed a omittable subject。But it has a large number of words,To avoid complicated words、The method is too long,Is it necessary to omit。Restore such an ingredient,It is necessary to make full use of the context,Correctly understand the law in the context。At this time, restore omittime,When the legal relationship is more complicated,Consecutive ellipsis may occur in the text。For example、After the termination of the agency or the termination of the agency right,Still implementing proxy behaviors,[],No effect on the agent。Paragraph 2 stipulates that the counterpart can urge the agent to be recognized within one month from the date of receiving the notice。The agent did not express,deemed to be rejected []。

The object of the verbs "recognizes" is omitted in the second paragraph。The word "recognition" also appeared in the first paragraph。The sentence where it is located "What has not been recognized by the agent" and omit the subject。It can be inferred from the context,The subject that is omitted by this sentence is "Agent Behavior"。The full sentence should be "The agent's bet365 best casino games behavior is not recognized by the agent"。Bring "proxy behavior" back to the second paragraph,Put it after "Recognition" verification,It can be confirmed that the omitted object is also "proxy behavior"。The omitted objects in the second paragraph turned out to be the first subject omitted in the first paragraph。This can be seen,When a continuous ellipsis appears in the law,,Readers need to grasp the characteristics of omitted sentences omission,Figure Figure,Read multiple times,Find clues throughout the context。

other,Legal background knowledge、Lack of legal consciousness and other aspects will also affect the understanding of the law。The level of legal knowledge of the people is different,The understanding of some omitted phenomena is not the same。For example, Article 121 of the General Principles: No legal or agreed obligations,People who are managed in order to avoid the loss of others' interests,Have the right to request the beneficiary to repay the necessary cost of the expenditure。Among them, the objects or objects that have not been stated in the "Management" sentence,There is no object that can be matched with "management" in the context。Readers with insufficient legal knowledge may be difficult to accurately receive their meaning。

  Complete the word "" sentence  Interpretation of legal conditions

my country's law has formed a specific language tradition,With distinctive language characteristics,This episode is reflected in the word "" sentence。As early as 1950 "Marriage Law",Use it to express legal conditions。For example, Article 17 stipulates: the voluntary divorce of both men and women,Divorce。The "" here "means legal conditions,The "quasi -giving divorce" behind is legal consequences。The words of "" have obvious spoken characteristics,Make the law easy to understand。Bet365 lotto review "" ",This is an important manifestation of legislative work in the new era。In Chinese,The word "" is a common omission。For example, omitted "people",Use "selling vegetables" to refer to "those who sell vegetables"。The legal conditions of the word "" in "Civil Code",Most of the omitted is "situation"。For example, Article 166 of "General Principles": Several people are agents of the same agent [],Should exercise the agency rights together,But except the parties have other agreed。The first sentence of this article can be explained as an omission of "situation",It can be restored to "the situation of several agents of the same agent"。

But,Not all the words "" can be interpreted as "situation"。For example, Article 48: People who are declared dead,The date of the judgment of the people's court declared death is deemed to be the date of its death;,The date when the accident occurred as the date of its death。Two sentences before and after this entry are similar,In the preceding sentence, "The person who was declared the death" and the position of "the whereabouts of the accident due to accidents due to accidents" are relative,Semantic consistency。The last sentence appears "Qi",Determine refers to the generation。Therefore,"" Here "" here is more inclined to restore "people",It means "People who have announced death due to unexpected events"。

The word "" in "Civil Code",It may be an "situation" omittime form,It may also be a "+other" omittime form,It may also be superimposed with other omittime phenomena,The situation is more complicated。For example, Article 83 of the General Principles: The right to abuse the right of the investor to cause losses to the legal person or other investors [],Should bear civil liability in accordance with the law。This entry can be understood as "" the word "" omitted "Investor",Bet365 lotto review means "the investor who abuses the right to investors to the legal person or other investors"; it can also be understood as the dual -cherrying of the "situation" and the subject "investor",It means "the investor abuse the right of the investor to cause losses to the legal person or other investors"。Another example is Article 31, paragraph 4 of the General Principles: After the guardian is specified,Do not change without authorization; change [] without authorization,Can't be unavoidable to the responsibility of the designated guardian。Among them, "changes" can be understood as omittinders omitted "guardian",Restore as "a guardian who has changed without authorization"; it can also be understood as the dual -cherished tap of the subject and "situation",Restore is "the situation where the guardian is changed without authorization";,Restore to "change the guardian of the guardian without authorization"。Overall,The word "" in "Civil Code",Number of quantities,Complicated situation,Need to combine specific practice,Understand more cautiously。

omitted unnecessary language elements,can make the statement concise、The text is smooth。This shows the simplicity of the language style of the Civil Code、Concurrent appearance,Reflect that the pursuit of the law of the law "affection"。One aspect,The law has strong professional characteristics,Legislation often builds a special language system,separate from the external language system。Use a special legal language system,System of ensuring stable legal norms。On the other hand,Civil law specifies every aspect of everyone's daily life,It is inseparable from the production of production with the people,It is closely related to the development of all walks of life,Its language should be easy to understand。A "Civil Code" requires bet365 live casino games both "professional" and "precision",You need "close people" and "easy to understand",A missing one is indispensable,Real non -Easy Things。Legislators in the new era actively explore the relationship between the professionalism and popularization of legal language,Find a proper balance between the two,The new appearance of the language style of the "Civil Code"。

(Author Unit: School of Foreign Languages ​​from Beijing University of Aeronautics and Astronautics)

Editor in charge: Chen Jing
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