An Empirical Analysis Of Discourse In Criminal Trials In China

Judicial justice is the last line of defense to safeguard social fairness and justice,and criminal justice is the most important and fundamental requirement to safeguard judicial justice.China has always been committed to the reform of criminal proceedings,and the most important and direct content of the reform of criminal proceedings is to re-regulate the speech and behavior of the parties involved in the construction of litigation.The status quo of judicial practice and the effect of judicial reform are mainly reflected by the speech and behavior of the parties involved in the construction of litigation.In his preface this article discusses our country constructs the parties legal rights in criminal trial,in this paper from the perspective of discourse interpretation litigation court structure verbal behavior of the parties,the parties through trial performance of discourse analysis to construct the rationality of right distribution,finally from the normal court discourse linguistics level to put forward feasible Suggestions.According to the author,the study found court discourse theory to study the content of the discourse of the legitimacy and rationality of the parties to the litigation structure can be found from the microscopic level of the most visible problems in judicial practice,when these problems be solved,then justice will appear more justice,litigation participants and the public will be accepted for judgment,and social stability are stronger.Although some court words are not illegal,they can make participants feel the injustice of justice,which is also one of the issues to be illustrated in this study.This paper is divided into five parts.Part one: preface.This part discusses the background of the emergence of legal linguistics in China,the research status at home and abroad,and the research overview of criminal court discourse,which is a very important research field of legal linguistics.Legal linguistics originates from the rhetoric theory in the branch of logic,so this part also briefly discusses the classical rhetoric and the new rhetoric theory.Court discourse is a research field of legal linguistics,and criminal trial discourse is an important research content of court discourse,which is the reason why this paper discusses the content and current situation of legal linguistics and court discourse before discussing criminal trial discourse.Part two: The empirical investigation of the criminal trial.This part and the third and fourth part is the core content of this research,through the three theoretical litigation structure of criminal trial empirical research,the present situation and problems of the relationship between discourse and derive the potential inequality in the discourse,unreasonable place,thus to put forward the feasible Suggestions for the judicial practice in the micro level,this is also the innovative and important meaning of this study.This part on the basis of the theory of conversation analysis,quantitative statistics for more than a criminal trial case,using the words "wheel",start "adjacency to","types","question" in criminal litigation structure and accounts for the proportion of the total number of the total of the use of relationship for the analysis of discourse in the trial now use unequal status and legal rights of the parties to the problem.Part three: an empirical study of the "objective principle" in criminal trial.Based on professor liao mei "purpose principle" in the "purpose","conflict" and "neutral" to analyze the relationship between the parties in the structure of criminal action in China ought to be the purpose of the relationship and the purpose of practice is not reasonable,and for constructing the parties should be how to through the standard legal language to provide feasible Suggestions in line with their own role.Part fourth: the empirical study of "court discourse power" in criminal trial.Firstly,the author discusses the embodiment of institutional power,that is,the use of discourse,topic,question and comment.Secondly,it discusses how the parties in the construction of criminal proceedings use presupposition,restatement,interruption and other pragmatic strategies to control the court discourse process.The use of these strategies is the embodiment of the use of court discourse power.If properly used,it will be conducive to improving the efficiency of the trial and finding out the facts of the case,which is conducive to the realization of judicial justice.Unreasonable use will lead to the imbalance of discourse power,which is not conducive to the protection of the legitimate rights and interests of the parties.Based on the current situation of these pragmatic strategies in China's judicial practice,the author puts forward some Suggestions to regulate the use of pragmatic strategies.Part five: the reference value of discourse analysis in criminal trial to judicial practice.This part puts forward some Suggestions for this study.The previous part applies a series of linguistic theories to study the discourse behaviors of all parties in China's criminal trial cases,while this part puts forward some reflections and Suggestions on judicial practice,which is also one of the important values of this study.The important content of criminal trial research is the status and relationship of "prosecution,defense and trial" in the trial.This paper,through a series of court discourse theories,studies the discourse behavior of the parties involved in the litigation structure of China's criminal trial cases,and reveals the status quo of the power relationship among the three parties from the most intuitive level.According to the current situation,the author reflects on the four aspects of "trial principle","relationship between law and prosecution","principle of presumption of innocence" and "rights of litigants" and puts forward some Suggestions on judicial practice.In the conclusion part,the author thinks about the relationship between the discourse norms of the court and judicial justice.