Theory Of Rhetoric And It's Application In The Court Mediation

Rhetoric originated in ancient Greece litigation speech activity, "Rhetoric" of Aristotle compiled in summarizing the previous ideological rhetoric on the basis of the creation from the scientific work is the first in the history of literary theory in Europe Rhetoric theoretical work system. Rhetoric is a practical discipline, its life is practice. The theory of rhetoric has been two thousand years of development, its theoretical system has been continuously developing, but also has far exceeded the scope of its field of origin. Rhetoric made in conjunction with the field of psychology, law, communication, etc. are great results, realized the value of rhetoric, but also reflects its strong vitality. In the West, applied research in the theory of rhetoric by the importance of legal practice, proved to rhetorical reasoning rhetoric has been highly valued and widely used in legal reasoning. In China, although the theory has long been concerned about the rhetoric of some logicians, however, because the rhetoric is a foreign object, China is the development of national law and the impact of Chinese culture by soil, Rhetorical Theory Studies is relatively slow, the legal practice of rhetoric theory to study relatively late. In view of this, I want to court mediation theory and rhetoric combine to realize the value of rhetorical theory, improve the effectiveness of court mediation.This paper is divided into five parts. The first part of the introduction, this paper discusses the sources of topics, rhetorical theory is applied to the court mediation in innovation and research status and research approach of this article. The second part of the rhetoric overview. As this article specifically discussed Aristotle's Rhetoric Theory in court mediation, it focuses its theoretical achievements, and three in particular justify the means. And briefly point out the rhetoric typical of the late development of the theory, ensure the overall context of the theory describes. The third part of rhetoric theory to analyze court mediation, specifying field of application of the theory of rhetoric. This section is an innovative pen article, describes the three aspects, first, the basic theory of court mediation; second, from the target value and development needs of rhetorical theory and court mediation, the judge discussed the use of rhetoric in conciliation necessity of theoretical knowledge; a third, according to the characteristics of rhetoric theory and court mediation theory, by both internal and external features characteristic analysis, demonstration of both agreements, the judge pointed out that the use of rhetoric in court mediation theory feasibility. The fourth part case reasoning. Theory and practice, the judges discussed in mediation practice using Aristotle's Rhetoric Theory mediation convincing performance improve its method of operation. Section V rhetorical theory in court mediation has an enhanced ability to persuade judges and court mediation to improve the effectiveness of practical value, noting that the applicable limitations.Rhetoric has important value, it can not only be applied to the court mediation, enhancing mediation convincing judges, court mediation to improve performance, but also to promote its own development, achieve their social value. In addition, the rhetoric theory is applied to the court mediation is conducive to really solve the disputes between the parties, promoting the development of social civilization and the rule of law, maintain social harmony and stability.