Research On The Facts Of China’s Criminal Judgment And Its Language Features

The content of the law determine its language, different facts that require different languages. Legal language reflect and influence the content of the law, Chinese criminal judgment’s language which is used for state "fact" reflects that the criminal judgment is actually present two kinds of "fact". This article first to find what is "the facts of law”, and under the perspective of judicial judgment to look for the features of the" fact " in the criminal judgment. Finally, on the basis of combining certain corpora, tries to analyze the language practice of criminal judgment and summarize the language’s characteristics of criminal judgment.This paper is divided into five main parts:The first part, first of all, talked about why this article study the issue. By observing the fact of a Chinese criminal judgment, there are two statements, then according to “the content of the law is decide the legal language, and the legal language reflect and influence the content of legal”,began to think about the facts and the language problems in Chinese criminal judgment. Secondly, it has combed the study of domestic and foreign in the field of law on "facts and the language", thinking that the present study is no enough. Finally, this article attempts to use theoretical and empirical research method to discuss the issue.The second part has discussed "fact" firstly, by analysising our predecessors’ study, and point out that the Chinese criminal judgment fact has divided into fact 1(the adjudicative fact) and fact 2.The third part is talking about the essence of the judicial referee process, and on this basis to analysis the facts-build. This part argues that China’s criminal judgment is state fact 1(the adjudicative fact) after the "through ascertain", and state fact 2 after "our court think".The fourth part is on the basis of the corpus to observe the language of the fact in criminal judgment, and focus on crime of drug trafficking and theft. Eventually point out that the state of the criminal judgment is due to the fact. Facts 1’s language has the characteristics of objectivity, subjectivity and logic; the fact 2’s language has the characteristics of conform the content of the rule and refused to redundant statements. Then this part give some advises.The fifth part is conclusion, which is thinking that China’s criminal judgment of the fact that led to its statement has different language, and different characteristics of language also reflected the different fact.