Active Rhetoric In Judgement Documents

As the official written carrier of operation of judicial power,as the most professional and authoritative true record of legal proceedings,judicial judgement documents are both the carrier of expressing judicial conclusion and explaining the reasons for the judgement,and as well as the legal affairs writs that audience can directly perceived through the senses.Following the incessant deepenness of the reform of the judicial system,judicial democratization has become increasingly prominentjudicial transparency has also become increasingly elevatedjudgement documents open to public,accept survey and supervision from the public,through the Web and other medias.But on account of different subjective and objective factors,such as different knowledge background and different interest positions between audiences,it will be difficult to reach an agreement in understanding of judgement documents,in many cases,traditional form of reasoning that rely on rational logic and passive rhetoric singly,can hardly meet the needs of diverse understanding,can hardly achieve general acceptability either.As a result,the effect of disclosure of judgement documents is unsatisfactory,and incomprehension of audiences even trigger questions about justice.From the perspective of rhetoric argumentation,passive rhetoric is favored in judgement documents all the time,with traits such as objectivity,logos and so on,once as the only method of rhetoric argumentation of judicial judgement documents.But it turns out that passive rhetoric can hardly meets the need of persuasion for general acceptance by it own in the above context.It puts towards a higher request on rhetoric argumentation of reasoning of judgement documents,no matter the differences in capacity of subjective understanding,or the multiformity of objective requirement of understanding.Therefore,in order to ensure the persuasion of reasoning in judgement documents,perceptual and lively active rhetoric,with more abundant connotation and appeal,has come into be appreciated.be attended to,and then be applied in the reason of judgement documents.It's can't be deny that proper application of active rhetoric will enrich the methods of rhetoric argumentation,intensify the persuasion of judgement documents and enhance the acceptability of judicial reasoning,in the way of no matter various specific rhetorical devices,or popular and contagious words.Through the actuality of application of active rhetoric domestically,although it has significant actual sense and is very necessary to apply active rhetoric into judgement documents,there are also many problems in current judicial practice,which is worth reflection.For example,because of the crisis of confidence from uncertainties in the society,the tendency that absolutization of traditional form in judicial judgement documents for long time,and the shackle of the system of judges5 lifelong responsibility,many judges are eager to avoid it,for fear that the perceptual wording and lively expression would blur their role orientation,which should be neutral and objective,and then there will be suspicion of unprofessional and injustice;For another example,due to lack of relatively specific guidelines,judges can not adopt a correct attitude to the position of active rhetoric,they ignore the legal basis,apply active rhetoric to achieve perceptual persuasion,regardless of the length and ratio,it will blur legal profession of judicial judgement documents.At present,in domestic judicial practice,the necessity of the application of active rhetoric in the process of reasoning in judgement documents gets highlighted,its'practical significance is obvious to all.In order to ensure the persuasion and general acceptability of reasoning in judgement documents,it should not be avoid to apply active rhetoric,but should be regard it with dialectical view,we should not notice only advantages but not shortcomings,should not 'giving up eating for choking'either,abandon it just because of these shortcomings.Active rhetoric should be defined correctly,and be limited to when is essential and proper,enrich the methods of rhetoric argumentation in judgement documents,hoping to achieve maximized understanding and acceptability of audience through popular perceptual and lively reasoning,as a kind of subsidiary method of rhetoric argumentation,plays its due role in intensifying reasoning in judgement documents,improving acceptability of judicial adjudication and transmitting the value of law,culturing legal faith.