Research On Court Mediation From The Perspective Of Pragmatices

Logic is a theory related to how to use the correct way of thinking to achieve successful communication.Therefore,the logical theory of verbal communication can be regarded as the logical application of pragmatic theory in verbal communication.This application studies how participants in verbal communication use their words reasonably and clearly in a specific language environment and accurately express their wishes and aspirations,thus successfully realizing their respective intentions.Court mediation is the logical communication of speech acts in legal practice.It is the expression of the parties' demands and feelings based on the facts of the case.Therefore,it can be concluded that the study of court mediation can not be separated from the study of speech acts of mediation.However,according to the current situation of court mediation,reasonable and logical speech acts are not universal.More often,the parties can not accurately or rationally use speech acts to express their demands.At the same time,judicial practice has not paid enough attention to the interdisciplinary research,which makes mediators and other legal workers unable to guide the parties' speech acts from the perspective of language use in court mediation activities.Therefore,as far as the current practice of court mediation is concerned,it is particularly necessary to study it from the perspective of pragmatics.From the perspective of pragmatics,this paper studies court mediated speech acts on the basis of speech act theory,indirect speech act theory and conversational implicature theory.Pragmatics is the beginning of the "verbal behavior theory" proposed by the British philosopher Austin.It is based on the idea that speaking is the act of doing things,words are actions,and the speech acts are classified,breaking the previous belief that words and deeds are completely The situation of separation has also caused scholars to pay attention to the study of speech acts.The theory was inherited and modified by his student,the American philosopher Searle,and on the basis of this theory,the theory of indirect speech act was put forward,which further improved the theory of speech act.After that,American philosopher Grice put forward the theory of conversational implicature on the basis of the theory of speech act,which provided the foundation and framework for the establishment of pragmatic theory.The reason why the above theory can be applied to the study of court mediation is that the linguistic behavior of court mediation has a series of relevant features of pragmatic theory,all of which take act as the starting point.The purpose of this study is to make the complex and life-like structure of speech act mediated by the court more clear and understandable,and to provide certain theoretical support for the derivation of implicit discourse.And can draw from the judicial practice of the relevant recommendations in order to be able to make some contributions to the continuous development of court mediation.This paper is divided into four parts:The first part mainly introduces the court mediation system.Firstly,the origin and development of the mediation system are summarized,and the court mediation system is further elaborated.From the advantages,functions and principles of the court mediation system,the importance of the court mediation system to settle disputes and settle disputes in today's society is analyzed.The principles of the court mediation system are emphatically analyzed.In this sense,the use of language for mediation,that is,the use of logical thinking in mediation.Court mediation is made up of verbal communication,but in current judicial practice,most speech acts lack logical thinking,which is not conducive to improving the efficiency of mediation and the long-term development of court mediation.Therefore,it is of practical significance to analyze the speech acts of court mediation from the perspective of pragmatic logic.The second part mainly introduces the development of pragmatics from ancient times to the present,from the west to the east.From Aristotle's treatise on absurdity in ancient Greece to the philosophers' proposal of speech act theory and conversational implicature theory after the 1950 s,From the profound insight of Chinese philosophers on language problems in the pre-qin period to the new inspiration brought by the interdisciplinary research of modern pragmatics,pragmatics has become an independent subject that can be intersected with other disciplines.Then it further introduces the theoretical framework of pragmatics.Through the description of the theoretical framework,we can have a more holistic understanding of pragmatic theory and provide some help for the following research and analysis.Finally,the significance of studying court mediation from the perspective of pragmatics.Court mediation is composed of verbal communication,but in current judicial practice,speech acts are mostly confused and lack of logical thinking,nor is it possible to reason accurately about the implied meaning contained in speech,which is not conducive to improving the efficiency of mediation and the long-term development of court mediation.Therefore,it is of practical significance to analyze the speech acts mediated by the court from the perspective of pragmatics.The third part,the main content is to introduce the theory of speech act,and apply the theory of speech act to court mediation,analysis of court mediation of speech act.Firstly,this part explains Austin's speech act theory.Secondly,it expounds the theory of speech act and the theory of indirect speech act from Searle,which are based on Austin's theory of speech act,and analyze its classification of words,deeds and behaviors.Finally,this paper attempts to apply the theory of speech act to the comprehensive analysis of court mediation speech based on the analysis of corpus,so as to make the interaction of court mediation speech clearer.The fourth part mainly introduces the theory of conversational implicature and applies it to the practice of court mediation.Firstly,this part will summarize Grice's conversational implicature theory and its classification.Secondly,the derivation principles contained in conversational implicature theory are analyzed,including cooperation principle,derivation of general implicature and derivation of special implicature.Finally,this paper attempts to analyze and apply the words of court mediation on the basis of conversational implicature theory through a comprehensive study of corpus,so as to bring some enlightenment to the practice of court mediation.