刑法犯罪罪名条款用语研究
发布时间：2018-08-22 11:17
【摘要】：语言是法律的载体。法律规则、原则和法律概念等都是体现立法者的意志、思想的。这种意志和思想的形成必须借助于语言这个工具,因此,法律的表达肯定离不开语言这个物质外壳,这也就决定了法律和语言学之间的必然联系。刑法在功能上作为一个国家的后盾法,是其他法律规范顺利实施的保障。其基本的“罪刑法定原则”要求所有的行为,只有法律规定了罪名才可称为犯罪,只有法律规定了处罚的才给予处罚,否则都不给予制裁。所以刑法罪名的确定就变得非常的严谨,用语的精确性要求也高于其他部门法,而且所考虑涉及的范畴更广泛。 本文试图通过对刑法罪名在结构、修饰语、字数、义素上的分析,归纳出刑法罪名用语的一些普遍规律。同时也由于语言的抽象、概括性与现实千变万化的现象行为之间的矛盾,刑法条款有不少模糊之处,而条款的模糊表述也有一定的共性,文章也将探讨。 本文一共分六个部分。第一部分是引言,主要对法律语言学的兴起及国内外的发展情况做了简单的介绍；第二部分主要介绍语义分析法及其在刑法语言中的体现；第三部分从罪名的结构、字数、修饰语等方面对刑法罪名进行分析；第四部分从义素的角度对罪名的主观方面进行介绍；第五部分通过刑法罪名的变化来探讨其在用语、表达上体现的意义；第六部分则是对刑法语言中的模糊表述的简述。本文的研究更多的是发现了刑法罪名用语中可研究的语言现象,这些现象还有待于以后进一步的研究探索。
[Abstract]:Language is the carrier of law. Legal rules, principles and legal concepts all embody the will and thought of the legislator. The formation of this kind of will and thought must rely on the tool of language, therefore, the expression of law must not be separated from the material shell of language, which determines the inevitable connection between law and linguistics. As a backing law of a country, criminal law is the guarantee of the smooth implementation of other legal norms. Its basic principle of "legally prescribed punishment for a crime" requires that all acts should be regarded as a crime only if the law stipulates the crime, and only those who are punished by the law will be punished, otherwise, no sanctions will be imposed. Therefore, the determination of criminal charges becomes very rigorous, the precise requirements of terms are higher than other laws, and the scope involved is more extensive. By analyzing the structure, modifier, number of words and sememe of the criminal offence, this paper tries to sum up some general rules of the criminal law. At the same time, due to the contradiction between language abstraction, generality and the ever-changing phenomenon and behavior of reality, there are many ambiguities in the articles of criminal law, and the fuzzy expression of the clauses also has certain commonalities, which will also be discussed in this article. This paper is divided into six parts. The first part is the introduction, mainly introduces the rise of forensic linguistics and the development of domestic and foreign; the second part mainly introduces the semantic analysis method and its embodiment in the language of criminal law; the third part from the structure of the charge, the number of words, The fourth part introduces the subjective aspects of the crime from the aspect of sememe, the fifth part discusses the meaning of the expression and the expression of the crime through the change of the criminal law. The sixth part is a brief description of the vague expression in the language of criminal law. The research of this paper is to find the language phenomenon which can be studied in the criminal law. These phenomena still need to be further studied and explored in the future.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：H13;D90-055
本文编号：2196939
[Abstract]:Language is the carrier of law. Legal rules, principles and legal concepts all embody the will and thought of the legislator. The formation of this kind of will and thought must rely on the tool of language, therefore, the expression of law must not be separated from the material shell of language, which determines the inevitable connection between law and linguistics. As a backing law of a country, criminal law is the guarantee of the smooth implementation of other legal norms. Its basic principle of "legally prescribed punishment for a crime" requires that all acts should be regarded as a crime only if the law stipulates the crime, and only those who are punished by the law will be punished, otherwise, no sanctions will be imposed. Therefore, the determination of criminal charges becomes very rigorous, the precise requirements of terms are higher than other laws, and the scope involved is more extensive. By analyzing the structure, modifier, number of words and sememe of the criminal offence, this paper tries to sum up some general rules of the criminal law. At the same time, due to the contradiction between language abstraction, generality and the ever-changing phenomenon and behavior of reality, there are many ambiguities in the articles of criminal law, and the fuzzy expression of the clauses also has certain commonalities, which will also be discussed in this article. This paper is divided into six parts. The first part is the introduction, mainly introduces the rise of forensic linguistics and the development of domestic and foreign; the second part mainly introduces the semantic analysis method and its embodiment in the language of criminal law; the third part from the structure of the charge, the number of words, The fourth part introduces the subjective aspects of the crime from the aspect of sememe, the fifth part discusses the meaning of the expression and the expression of the crime through the change of the criminal law. The sixth part is a brief description of the vague expression in the language of criminal law. The research of this paper is to find the language phenomenon which can be studied in the criminal law. These phenomena still need to be further studied and explored in the future.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：H13;D90-055
【引证文献】
相关硕士学位论文 前1条
1 周欣;论刑法中的非法占有目的[D];安徽大学;2013年
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