The Rhetorical Function Of The Civil Judgement Reasons

The Civil Judgment is the proof of the process of the administration of justice, andproves that the judges make the process of judicial verdict presented to the parties. Thereason, as the core, proves the legitimacy for the verdict and links the verdict with theparties. In fact, the civil verdict said rational adequacy directly related to the verdict beaccepted, so our judicial practice departments try to enhance the rational of civil judgmentsthrough a variety of measures after aware of the reasons being important of the verdict; forthe status of the rational of our civil judgment, scholars said we can promote our civiljudgment by studying of the jurisprudence of the common law. So far, the research aboutthe rational of the civil judgment is the basic concepts, the status, the skills of improvingthe rational and so on, there is few to study from the point of the legal rhetoric.We study the civil judgments reasons from the view of the legal rhetoric, because therational of civil judgment is closely related to the legal language, the legal reason and thelegal argument. As a legal method combine the rational with irrational factors, legalrhetoric mobilizes irrational factors in the legal reasoning and argument tried to persuadethe audiences, such as emotion, and plays the role of practical reason. The legal rhetoricprecisely collects the legal language, legal reasoning and logical argument; it is natural tostudy the rational of civil judgment from the point of legal rhetoric. It is more importantthat the significance of the rhetoric is used in the civil judgment. Used in the civil judgment,the rhetoric plays the modified function, coordination function; persuade function,correction function and development. Legal rhetoric not only enhances the rational of civiljudgment, and enhances the convincing of civil judgments, but also meet the purpose forthe litigants’ prosecution, and successfully resolve conflicts and disputes between the twoparties. It is meaningful the legal rhetoric is used in the civil judgment reasons, but we can’tignore the limitations of the rhetoric applied to the civil judgment reasons. The legalrhetoric in the secondary legal status plays the supporting role for improving the quality ofcivil judgment. The sophistry of rhetoric may constitute a potential threat to the rule of law,and even cause distortion and misunderstanding of the law. As a legal method, it cannot beguaranteed listeners to obey judicial decisions, may result in ordinary listeners’ rejection ofjudicial decisions. So, we should have a clear understanding of rhetorical function for thecivil judgment reasons, accurate its position, and limit it to a rational legal system, so that ithas not only become an important tool for people to pursue legal truth and goodness, is alsothe main way for the judge as the embodiment of justice to appeal and show a legitimate,reasonable and legitimate judicial decisions for the public. The rhetorical function of civil judgment reasons should play the same role as the rhetorical skills in the ancient verdict,which demonstrates the value of legal truth and goodness, and it requires the judgeslegitimately make the legal rhetoric, when writing the civil judgment reasons, pay attentionto the accuracy and rigor of legal rhetorical skills, prevent causing actual injustice by usingof the word game, and ultimately let the judgments be made rational and warmth.The legal rhetoric function research of civil judgment reasons needs some methods ofjurisprudence. For example, the semantic analysis method should be applied to thedefinition of the concepts, such as the civil judgments reasons, legal rhetoric, legalrhetorical function; the valuation judgment should be applied to the value proposition onthe rhetorical function of civil judgment reasons, and it based on a valuation judgment toexplore the legal truth and goodness. In addition, it is a historical investigation to study therhetorical skills in ancient judgment, and make it be reference for the current civil judgmentreasons.It is a new research path to exploring the role of the rhetorical skills in the civiljudgment reasons: to analyze the rhetorical function of civil judgments reasons, it is notonly to study about the social functions of civil judgments reasons, but also to explore theinternal world of the legal subjective field hidden behind the rhetoric. In order to strengththe basic theories of the rhetorical function of civil judgment reasons, the subject launchesa systematic research about the basic properties of the rhetoric function of civil judgmentreasons, to further make up this blank theory. I hope the study on the rhetoric function ofcivil judgment reasons can provide some reference and expand the path for the rationalresearch on the civil judgment, giving some insights to the legal scholars and the judicialpractice department.