The Standardization And Artistry Of Language In Chinese Criminal Defense:From The Perspective Of Goal Principle

With the constantly improvised socialist legal civilization in China, people's awareness of learning and using the law to protect their legitimate rights and interests are increasingly growing. According to the PRC law, defense system is an important litigation system in criminal law, and criminal defense statement is one of the most important tools to protect people's legitimate rights and interests and to attain defending function. Law is closely related to language. The study on criminal defense language is very important and meaningful for the attainment of persuasion in defense statements. Despite that scholars at home and abroad have made many significant achievements in aspect of the language of defense statements from various approaches, but few or almost no one studies it from the perspective of goal principle.Goal principle as a new pragmatic theory was first proposed by Professor Liao Meizhen in a systematical manner in China in 2002. The present study analyzed the language of 10 carefully selected samples used in Chinese criminal defenses from the perspective of goal principle, aiming to explore the applicability of the artistry of language in defense statements as well as its manifestation, and the relationship between the standardization and artistry of language. Through a thorough and in-depth analysis, we reached the following conclusions: First, the artistry of language, that is, individualized language, popular and understandable language, vague language, emotional appeal, and expressive language, is generally applicable for Chinese criminal defenses. Second, the relationship between the standardization and artistry of language is a balance, of which the standardization and artistry is of primary significance and the artistry of language is of secondary significance.In addition, due to the limit of time and space, the present study also had some limitations as below: First, due to the difficulty in gaining the first-hand data or naturally occurring courtroom data, the chosen samples were mostly second-hand data, and thus some effective information like intonation, tone or such non-verbal behavior as gestures or facial expressions– all of them would affect the realization of persuasion to some degree– were missing. Second, due to that the effect of the strategies and means used in defense statements on the addressees was deducted merely based on the linguistic analysis of the data, the actual change in the addressees'attitude and judgment could not be accurately reported. Third, due to the complexity of power and status, the relation between goal and power and status was not mentioned in this thesis. These would be my further research subjects in the future and it is hoped that the present study would contribute, to some degree, to the current hot-debated standardization of judicial language and the improvement of lawyers'skills and strategies.