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Empirical Research On Legal Rhetoric Of Civil Judgments

Posted on:2018-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y SunFull Text:PDF
Abstract/Summary:PDF Full Text Request
Judgment is the direct result of the court and the judge's case,directly related to the interests of the parties.In practice,for a case,people are more concerned with the part of "as the court's legally identified" and "judgment as follows",rather than " interpretation and reasoning of legal instruments".The style of writing judgment is also quite simple and fixed in terms of both the form and content,and cannot completely clear the referee basis of the case.In theory,the research of the judgment is also limited to the structure,the basic form,the relationship with the judge,standardization and reasoning of the judgment and so on.Civil litigation is the largest number of court proceedings,involving the widest range of litigation,how to break through the traditional judgment writing barriers,make civil judgments more legitimacy,rationality,and enhance the parties,the legal community and the public on the acceptance of civil judgments,is the problem we need to face.Legal rhetoric,an important part of the legal method,has more flexibility than the three-stage argument,which is able to enhance the legitimacy of the judgment to a large extent.Therefore,the article combines the reform of civil judgments with the advantages of rhetoric argument to study,in order to improve the writing of civil judgment.In the current judicial reform practice,civil judgments have a certain development,the standardization and reasoning of the civil judgments has also been studied in academia.On the other hand,the academic circles also pay attention to the relationship between the judgment and the legal rhetoric,which provides a good reference for the article.However,few scholars pay attention to the particularity of the civil judgment,and do not make an empirical study on the rhetoric of civil judgment.As a result,the paper uses the methods of content analysis and case study to investigate the rhetorical argument of the civil judgment,and draws the actual situation of the rhetorical argument in the civil judgment on the basis of the empirical investigation.It is found that some experience of the rhetoric arguments in civil judgments,for example,the judgment is based on the rules of argument of rhetoric,are worthy of popularization.However,it is also found some problems,such as the level of judge's rhetoric argument is uneven,the lack of rhetoric argument of the parties and so on.Therefore,the paper argues that it is necessary to improve the writing of civil judgment by using the logic argument and increasing the rhetorical argument of the litigant's.
Keywords/Search Tags:Civil judgment, Legal rhetoric, Rhetorical argument, Acceptability
PDF Full Text Request
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