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New Rhetoric Perspective Judicial Adjudicative Document And Its Production Concepts

Posted on:2015-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:J C YangFull Text:PDF
GTID:2296330467466308Subject:Law of logic
Abstract/Summary:PDF Full Text Request
Referring to the judicial judgement, the people’s courts and judges according to the lawand contentious litigation cases to trial judge’s conclusion of judicial activities. Acceptabilitymeans, objects embodied in the specific environment able to accept the value of the world’smain attribute is compatible relationship. The acceptability of the judicial judgementgenerally considered to be involved in the administration of justice to what extent access tothe main affirmation, identity, or inner values "compatible" problem.In the current context ofthe rule of law, justice acceptability is important to support the legitimacy of the judicialjudgement and judgment basis. The acceptability of the judicial judgement by many elementsof the trial process, the results of the trial, the trial subject, adjudicators and other constraintsaudience. In addition, the judicial adjudicative document is also affecting the administrationof justice instruments acceptability or legitimacy of an important force.The judicial adjudicative document carries high quality instruments and expressivecontent, which makes it easier for the audience to understand and accept the judicialjudgement. To some extent, enhance the transparency of the administration of justice, thussupporting the legitimacy of the administration of justice.High-quality format specificationjudicial adjudicative document should be articulate, content and complete narrative clearlydemonstrate adequate judicial adjudicative document. Among them, in particular, reasoning orargumentation of the judicial adjudicative document is measured in terms of the quality of the judicial adjudicative document very important. judicial adjudicative document of productionquality is low especially inadequate reasoning has always been criticized by the community.One of the root causes of which may be hidden in the heart of the judicial adjudicativedocument makers "official position" to improve the quality of strengthening the ideologicalweakening the spiritual power of reasoning, but this "official" status of the self-set also limitsthe judicial adjudicative document makers to a certain extent problem perspective. Based onthis production concept, the judicial adjudicative document maker is mandatory only in theeyes of the audience on the subject of "writ."Command usually do not need any reason.In the production process of judicial adjudicative document, if the producers putthemselves equal position with the trial audience, then lost power in the idea of relying onthose who are most likely to make efforts to enhance the reasoning of judicial adjudicativedocument have improved the quality of the judicial adjudicative document to obtain audience understanding and reception. It just implies the concept of the new rhetoric of equality. Thenew rhetoric rhetorical argumentation theory in recent years, especially for domestic lawmethodology is well known and greatly respected scholar theory. Whether it is to generatenew rhetoric origins, or its "audience","consensus" core theory, in varying degrees, reflectingthe importance of equality in the rhetorical effect. The new rhetoric rhetorical argumentation,and indeed to improve the quality of argumentation judicial adjudicative document provide anew technology channel.But if we do not clearly aware of the technical support behind theconcept and spirit of this concept to the use of this technology, then the final demonstrationeffect could be greatly reduced.
Keywords/Search Tags:Judicial judgement, Acceptability, Judicial adjudicative document, New Rhetoric, Legal Logic
PDF Full Text Request
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