刑事立法语言的立场

有学者提出“刑法术语的专业性” ,主张“法律条文应当使用专业术语”。这是主张刑事立法语言精英话语的立场。本文认为 ,作为普遍适用的刑法规范 ,其立法语言不能单纯是精英话语 ,也不可能到处充斥大众话语。在法律规范中 ,合理分配和运用精英话语与大众话语才能使法律文本的表述达到最佳效果。

What the Language of the Criminal Law should be

Some people said that the language of the Criminal law should be specialized. So they thought we should use special terms to express the clause of the Criminal law. We called such language-the expert's language which only the expert can understand. This article thought: the Criminal law is a rule that everybody should abide by. It is a rule that tell people what they should do and what they should not. So the language of the Criminal law shouldn't only be the expert's but also be the ordinary people's.