A Research On Commonly Used Auxiliary Verbs In Judgments

There are some auxiliary verbs often appear in the modern legal context, such as “ought to”, “may”, “can” and so on. Although these words are function words, they can play the role of the key words of legislation. The auxiliary verbs in the modern legal context maybe used to give the right, set the obligation or conduct legal evaluation, so they have important research value. This thesis choose some commonly used auxiliary verbs in judgments as the research object, through observing and analyzing the use of them, to explore their usage characteristics and some existing problems, then we can provide relevant advice, hoping to be able to provide certain help for practice and give some guiding significance for the judge to write judgments better. In addition, the research of commonly used auxiliary verbs in judgments also has a certain theoretical significance, which can further broaden the research scope of auxiliary verbs.The first chapter “The identification and classification of commonly used auxiliary verbs”, combs the auxiliary verbs in judgments, and at the same time, refers to the commonly used auxiliary verbs in legislative language and judicial language, then determines the 14 commonly used auxiliary verbs as the research object of this article. According to the main meaning of these commonly used auxiliary verbs, they can be divided into three categories: necessary auxiliary verbs, may be kind of auxiliary verbs, intend to kind of auxiliary verbs.The second chapter “General meaning and usage of commonly used auxiliary verbs”, is the foundation of this article. In this part, we comb the semantic features of the commonly used auxiliary verbs.The third chapter “Legal pragmatic characteristics analysis of commonly used auxiliary verbs in judgments”, is the main part of this article. It adopts the method of combining quantitative analysis and qualitative analysis, makes a detailed analysis of the commonly used verbs in judgments mainly from three aspects of the legal context meaning, usage, distribution.The fourth chapter “The usage characteristics and relevant problems of the commonly used auxiliary verbs in judgments”, points out some usage characteristics: the first is the imbalance of the auxiliary verbs used in judgments, the second is the difference of the distribution about the auxiliary verbs in judgments, the third is that auxiliary words in judgments reflect the certain legal functions. At the same time, the author found that there are some questionable problems about the use of the auxiliary verbs in judgments, for example, the commonly used auxiliary verb “should” can appear in the part of the result of the judgment, the auxiliary verbs which express estimate appear too much in the part of the reason of the judgment is inappropriate, etc.The fifth chapter “The relevant advice of the use of the commonly used auxiliary verbs in judgments”, provides some guiding principles and relevant suggestions. For example, use auxiliary verbs cautiously in the part of the result of the judgment, the auxiliary verbs which express estimate don’t appear too much in the part of the reason of the judgment, etc.