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法律语言具有准确性和模糊性,二者相辅相成。起诉书中常用“琐事”一词来模糊抽象案件起因。法律语言的抽象性与模糊性有其特殊的功效,但机械地运用“琐事”一词替代案件起因的描述,不宜揭示行为人犯罪动机与人身危险性,不利于刑事责任划分的客观公正。检察官应当以艺术匠心的完美之心将起诉书缔造成为优秀的法治讲演,实现法律语言准确性与模糊性的二维价值平衡。
Legal language is accurate and ambiguous, and the two complement each other. The word “trivia” is often used in indictments to blur the cause of abstract cases. The abstraction and ambiguity of the legal language have their special effects. However, the description of the causes of mechanically using the word “trivia” instead of the origin of the case should not reveal the perpetrator’s criminal motive and personal danger, which is not conducive to the objective and fair division of criminal responsibility . Prosecutors should make the indictment an excellent lectures on the rule of law in the perfect heart of artistic ingenuity, and realize the two-dimensional balance of value of legal language accuracy and ambiguity.