Reflections On Legal Rhetoric In Judicial Decisions

Many law researchers possess differentiated opinions on rule of law with Chinese characteristics. That who holds the "Speech right" is always the influential factor for the development of rule of law in China; there have long been combat for over girding influence between people’s speech right and political speech right, yet none of the both, with their own senses and supporters, win over the other. Among all opinions of holding superiority of law and law texts, it is essential to maintain legal rhetoric of Chinese characteristics in order to achieve rule of law in China.The thesis, starting from the review of Li Channing’s case, presents court verdict ions of every process. Disputes concealed in the case will be given careful consideration through comparing different verdict ions and principles and sections according to which the verdict ions are made.The introduction then gives detailed statements on researches on legal rhetoric from ancient times to the present, both home and abroad. The part also gives the differences between Chinese and Western researches and current researches on domestication of legal rhetoric in China. The thesis focuses on the effects on each other between politics, law and public opinions, i.e. who holds the speech right of this case.The thesis firstly presents analysis of moral rhetoric," justice" on the public minds and current situation and problems of moral rhetoric in China. Rule of law in China is faced with huge hindrance from various characteristics of familiar acquaintances society of local folks. The people truly contribute much to construction of rule of law, after all the law’s credibility among the public is the greatest respect to law. But the people still pose considerable hazard to the collapse of rule of law. Moral rhetoric is significant to rule of law on preliminary stages, but it is obvious that it could ruin the rule of law.Secondly, the thesis analyzes political rhetoric," justice" in political contexts and current situation and problems of political rhetoric in China. In judicial practices, law processes could be severely obstructed by political intervention. Meanwhile, political powers truly have been affecting judicial justice. The thesis also points out the significance and ruining effects of political rhetoric on rule of law. Bad effects should be refused to establish the spirit of law ruling in China. Thirdly, the thesis, analyzing legal rhetoric, claims that the unswervingly hold of rule of law is crucial in the progress of judicial practice. Only by clinging to the superiority of law can all social issues be well resolved. Only by making careful legal rhetoric and proofing can trials and even the judicial practice as a whole be more convincing among the people.Last but not least, the thesis presents China’s current legal rhetoric in judicial practice and solutions. Legal rhetoric shows decent prospective in China, whereas there are still aspects to be improved.