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立法语言风格独具特色,在进行法律文本的构造时必须严格遵循其内在要求。立法语言的风格特征表现为准确性、简洁性、庄重性与严谨性。但立法语言风格的特征造成了立法语言与日常语言之间必然存在冲突。而作为与社会公众联系最为紧密的法律部门,民商事立法语言与日常语言之间的冲突更为明显。为协调这种冲突,必须立足于民商事立法语言的特殊性与我国汉语言文字的特殊性,为民商事立法语言寻求准确、合适的定位。其核心便在于尽可能使用浅显易懂的日常语言,在合理沿用书面语及文言词句的同时,认真反思采用我国立法实践中缺失的某些传统概念的必要性。
The style of legislative language is unique, and its legal requirements must be strictly followed in the construction of legal texts. The stylistic features of the legislative language are accuracy, conciseness, dignity and rigor. However, the characteristics of the legislative language style have caused the inevitable conflict between the legislative language and the everyday language. As the legal department with the most contact with the public, the conflict between civil and commercial legislation language and daily language is more obvious. In order to coordinate such conflicts, we must base ourselves on the particularity of the legislative language of civil and commercial matters and the particularity of the Chinese spoken and written Chinese language, and seek an accurate and appropriate orientation for the legislative language of civil and commercial affairs. Its core lies in using simple everyday language as much as possible. While adopting the written language and the classical Chinese language rationally, it is necessary to conscientiously reflect on some traditional concepts that are missing from our legislative practice.