The Rhetoric And It’s Application In The Field Of Criminal Jurisdiction

Since the generation of the rhetoric of a political speech, the court with a public speechhas a deep-rooted contact. According to western rhetoric scholars material test confirms:western rhetoric originated in2500years ago in the ancient Greek times, Corax and Tisias isthe earliest rhetoric home. With Athens argument atmosphere risheng, to the needs of therhetoric art to teach rhetoric class-Sophist arises at the historic moment, one Gorgias andProtagoras is the representative of the wise. The wise men use words to convince the audiencethat is the ultimate goal, as long as the heart of the audience have your own expression is theheart of the proverbs certificate, and to speak of it is no longer true said it looked. Accordingto the theory of the wise rhetoric, philosopher Plato to the rhetoric art strong criticism, hethought that the wise is manipulating language to borrow bewitch the public, it is immoral toadvocated by the GuiBianShu, he thought that the rhetoric is to lead the souls shall be goodart. Aristotle as a classical rhetoric synthesizer, his views laid the theoretical foundation of therhetoric, Aristotle think the rhetoric is a common principle, the rhetoric is an art, he must bethe words have power to persuade, at the same time, will the power of obtaining and using thewise of quick "bag of tricks" saved, to the essence of humanism and into the rational.The Roman empire inherited and absorbed the greeks a rhetoric theory. Which MarcusTullius Cicero and Marcus Fabius Quintilianus rhetoric thought is the Roman rhetoricbenchmarks. In the middle ages, stretch for the thousands of years of classical rhetoric theorymixed with strong religious mean, forced to completely according to the Christian religiousideology and the demand of their own adjustment. Up to20centuries middle period, toRichards and Kenneth Burke Burke, the rhetoric of the thought as the foundation, rhetoric to aRenaissance, this one phase of representative theory have Belgium law philosopher ChaimPerelman of the new rhetoric, and the British philosopher Setphen Toulmin"Toulmin’s model",Ireland philosophers, speaker Burke of "identity" theory, as well as, the German philosopherJurgen Habermas theory of intercourse and, legal negotiations theory and so on, at this timethe purpose of rhetoric to communication, cooperation and achieve social harmony.The development of rhetoric vein of clear show a western rhetoric had two boom. Onefor the ancient Greece to Aristotle, as a representative of the classical rhetoric; two for the20th century, with informal logic movement as banner, in the western rhetoric and a history of the boom. This paper in writing from the two boom classical theory, namely Aristotle’sclassical rhetoric theory and the Perelman theory of new rhetoric. Aristotle’s theory ofclassical rhetoric will convince each other, made a speech means of success is divided intohuman means and nonhuman as the means, the summary to see, a type of reasoning Aristotle’srhetoric with the example, the method of it is character with proof that emotion. Perelmaninherited classical rhetoric and Aristotle’s theory on the basis of traditional classical putsforward a kind of "new rhetoric" form of idea argumentation theory, and puts forward theidentity of the audience for the "starting point" theory and argumentation skills, etc.In the study on the basis of the classical, we should look at reality and rational deeply.The interpersonal communication is more and more frequent, complicated social disputes, andrhetoric is human understanding and communication to the door, solve the differences, toachieve the harmony of the society of the effective channel way, whether Aristotle orPerelman rhetoric toward the theory on the judicial process legal rhetoric and its application.In the field of criminal justice, judges, prosecutors, the criminal suspect and the victim is thejudicial process, such as the main body participation, and how to construct a benign judicialsystem, is a theoretical and building harmonious judicial environment to return to the countrythat rhetoric judicial field and play their due role of a pressing problems. China’s criminaljudicial reform community emphasized the judicial correction function, construction criminaljudicial and harmonious legal move, but in judicial is, in practice, how to, operation processand what can be targeted and academic theory to solve the problems of the judicial realityreviled. It is on these problems are thinking, this article selects the criminal justice, thisparticular "field": prosecutors in court the argument to the application of the theory ofrhetoric, criminal reconciliation and the rhetoric used the plea bargaining system theory in theapplication of rhetoric from three perspectives, and use this "flexible" rhetoric criminaljudicial practice guidance tools, in order to our criminal judicial reform in the authorundoubtedly, it seems, the introduction of rhetoric will fill the blank theory research, bringbrand-new Angle, has the meaning of methodology.