The Research Of Judicial Referee Documents In The Perspective Of Rhetoric

The judicial referee documents is not only the comprehensive embodiment of onecountry’s litigation system, but also a miniature of the development of one country’s litigantculture. There, we can find the country’s value tendency of the legal culture and the track ofhistorical development.In our country there have been judicial referee documents in theancient times，But at that time it was not call’ed judicial referee documents, it was call’ed“dictum”. Judicial referee document is a written document, which records or interprets thejudge’s decision to some case`s entity,and which is published to the parties.It not onlyembodies the judge`s personal will, but also reflects the will of the country.As a conclusionof judicial judgment, judicial referee document is the confirmation of the trial`s process andresult, also is the text of the process of the case. The judicial referee documents play animportant role in realizing legal aim、publicizing legal system and improving judiciarydiathesis.The article study referee documents in rhetoric perspective.Its aim of utilizing rhetoric’sspecial virtue in using language and convincing is to explore how to improve the level ofmaking referee documents in our country. The history about the relation between law andrhetoric is long. The rise of rhetoric is in the need of law-suit,and in the thousands’of years’development it always accompanied by law.Language is necessary to the carrying out of law,and the expressing of language also need rhetoric. So, rhetoric play an important role inmaking referee documents.Considering rhetoric’s advantage in reining language andconvincing,we make use of it in making referee documents, to pursuing the aim of improvingthe ability of expressing,strengthening theconvincing of judging reason and making thepublic be confided in judging conclusion.Specifically, the article contains three parts:The first part is a summarization of judicial referee documents, containing thefeature,effect,structure and expression of judicial referee documents, and judicial refereedocuments’ history.The second part basing on the history of rhetoric, starts to contact rhetoric with judicialreferee documents. Rhetoric has advantage in controlling language and reasoning, so the aimintroducing it into judicial referee documents is to improve language skills, strengthen reasoning and improve public’s credibility of conclusions.The third part focus on the dilemma in the reform of judicial referee documents, andcombines rhetoric, trying to use rhetoric to overcome the difficulties.There was rhetoric in china long time ago. Indeed,after the may fourth movement,theresearch of rhetoric have became separate" learning ",but it couldn’t gain enough attention innot only theory field,but also practice field. Much more, it didn’t exert in referee documents.Considering such reality, basing on our country’s actual situation, the article will refer thenewly accomplishment of western rhetoric theory in using language and convincing, andintroduce the rhetoric theory into the judicial referee documents. The aim of the article isstrengthening the reasoning and convincing in the judicial referee documents. As a tool ofusing language, rhetoric As a tool of using language, rhetoric plays an important role indescribing the facts of the case, demonstrating the judgment reason and Enhancing theacceptability of the conclusion.The focus of this article is interpreting how to use rhetorictheory in judicial referee documents, and researching rhetoric‘s function to the judicialreferee documents.