Expression And Practice Of Judicial Judgment - Ancient Judgment

The reformation of judicial documents is a hot point in present time. It seems that quite work has been done in legal academic approach, but little attention was paid to the deep civilization origin of court verdict writing. In fact, the judicial system and court verdict format of our country is featuring the abroad law indiscriminately, and disjoints completely with ancient.The present text is exclusively devoted to study and analysis of the civilization source of our court verdict writing, and draws insights from speech act theory, discourse analysis, conversational ananlysis. An attempt was also made to explain what had been revealed as a defining feature of court verdict writing within three model of theory called: the style theory, the rhetoric theory and the text theory respectively. The text is divided into 5 chapters.Chapter2 chiefly describes the language style of the court verdict. Except the overall characteristic of legal language, It appears special characteristics owing to the object and context restriction. And from ancient to contemporary, the language style of court verdict also changes; Chapter3 is chiefly inquired into the application of court verdict in judicial process, and investigates the society effect of its application. Apart from the general rhetoric research, inspectes the spcial rhetoric in ancientcourt--persuation. Though the non-logic tendency of court verdict was fairlyserious in ancient, but the emotion rhetoric and moral rhetoric has strengthened its conviction; the fourth chapter inquires into the structural patterns of court verdict. And also inquired into the narration and the inference in the court verdict writing. Revealing the relation between form and content. Finally, comparing the Chinese and Western court verdict writing, and considering the present judicial document reformation from linguistic perspective.It is hoped that the results of the present study will be benifit to both people whose business is study of langurage and people on the bench as well as of the Bar.