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Application Research Of Legal Terms Used By Judges In Civil Trial

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:S S ShaoFull Text:PDF
GTID:2346330548952815Subject:Legal theory
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In the current judicial practice in our country,especially in the civil court trials of basic-level courts,there are many problems in the use of professional legal terms by judges.There are two contradictory problems in the use of legal terminology by civil court judges.First,there is a lack of the use of legal terms in court trials.The contents of civil lawsuits are often routine.Many judges rarely use legal terms in trials.Second,blindly use legal terms during the trial.At present,the understanding degree of the legal provisions of our country's citizens has been greatly improved compared to before,but overall it still needs to be strengthened,and most ordinary people still lack understanding of legal provisions.The large number of legal terms used by judges during trials is not conducive to the parties to understand the legal provisions and may have a corresponding negative impact on the outcome of the trial.It is the original intention of this paper to study the causes of the above two situations and solve them.This article will adopt research methods based on empirical research and supplemented by theoretical research.The empirical research of this article involves two aspects.On the one hand,an empirical research of the civil legal terms database.This article will establish the information database of the civil legal terms of this article through the existing normative legal documents,legal dictionaries,etc.On the other hand,an empirical study of the transcription of civil trial records.This article will investigate the use of legal terms by judges and conduct the transcription of civil trial records.Establish the database of civil trial records and conduct data analysis and summarization of it.Based on the empirical research in these two aspects,this article will use the content of the civil legal term information database as a key word to check in the transcription database,in order to obtain data on the use of legal terms by the judge in the civil trial and clarifying the current situation of civil trial.In terms of theoretical research,this paper first combs and integrates previous research results on legal terms and comprehensively analyzes these research results.Secondly,this article will study the theoretical basis for the use of legal terms by judges in civil courts,including general legal terms and the characteristics of civil legal terms,in order to provide a theoretical cornerstone for follow-up research.Specifically,the content of this article consists of three major components.The first part is basic theoretical research.This article begins with the concepts and basic theories related to the use of legal terms by judges in civil courts to clarify the relationships and problems between them.The second part is the empirical analysis part.This article will use the contract dispute cases as the example to conduct an empirical study of the application of legal terms for judges in civil trials.It will disserts the criteria and data statistics of the establishment of the civil legal terms information database.After that,it disserts the source of the civil trial record data in this article and carries out data statistics.Also discusses the search methods,the retrieval process and the statistical results of the application of legal terminology for judges in civil trials.The third part will analyses and summarizes the problems related to this article.This section mainly points out the factors that influence judges' use of civil legal terms,and proposes the current trends in the application of legal terms for judges in civil trials and improve the operational suggestions for the use of terms by judges.
Keywords/Search Tags:civil trial, judges language, legal terms, application research, contract case
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