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Legal Rhetoric In Court Trial

Posted on:2021-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2416330620463746Subject:legal
Abstract/Summary:PDF Full Text Request
As an interdisciplinary subject of law and rhetoric,legal rhetoric has the characteristics of law and rhetoric.It is a non formal logical method.It pursues the unity of rationality and legitimacy.It starts from morality and reason that are generally recognized by the public and has the characteristics of uncertainty.This kind of uncertainty adapts to the basic national conditions of our country.China is in the period of social transformation,and various uncertain factors continue to highlight.The uncertainty risks in various fields cause the public trust crisis.In the field of law,citizens' expectation of legal protection is reduced,which leads to the decline of judicial credibility in China.How to protect citizens from all kinds of uncertain risks,to re-establish their confidence in the law,and to improve the credibility of the law and the judiciary is an urgent problem to be solved.Although the use of Legal Rhetoric involves various links such as legislation,justice and law enforcement,and these links have an important impact on improving the credibility of the law,judicial activities are a link connecting the preceding and the following,and also a place where social contradictions are relatively concentrated.Moreover,Legal Rhetoric developed from the rhetoric of ancient Greece and was used in court speeches at the beginning.However,in the current court trial in our country,the use of Legal Rhetoric is not only the skill used by the parties to persuade the judges,but also the expression of their litigation rights,which is the reform demand centered on trial.The use of Legal Rhetoric runs through the whole process of court trial,from court investigation to court debate and the production of final judgment.Therefore,this paper studies the trial procedure as follows:The first part is an overview of Legal Rhetoric,which expounds the connotation and characteristics of Legal Rhetoric and reveals the essence of Legal Rhetoric;Then it introduces the development of Legal Rhetoric at home and abroad,whether in theory or in practice,more and more people begin to pay attention to the research of Legal Rhetoric;Finally,it focuses on the practical significance of the use of Legal Rhetoric in the court trial.The use of LegalRhetoric in the court trial can not only improve the trial efficiency but also promote the process of judicial democracy,so that the parties can fully exercise the right of action in the proceedings.Finally,the use of Legal Rhetoric in the interpretation of the judgment can improve the acceptability of the judgment and obtain good law Law effect and social effect.The second part is the use and problems of Legal Rhetoric in court trial.In different stages of court trial,the forms of legal rhetoric are different,and the problems encountered are different.In the stage of court investigation,the rhetoric is mainly aimed at the facts and evidence of the case;In the court debate stage,the parties and their lawyers argue against the focus of the dispute and persuade the judge;in the judgment,the judge mainly demonstrates and persuades in the face of the parties and the public.In the trial stage of these courts,the use of Legal Rhetoric mainly needs to pay attention to two problems,one is the lack of rhetoric,the other is the abuse of rhetoric.The last part is the improvement of the use of Legal Rhetoric in court trial,aiming at the problems in different stages.In the stage of court investigation,we should use effective evidence to identify the facts of the case and avoid the abuse of rhetoric as much as possible on the basis of objective facts.At the same time,we need to improve the rhetorical quality of the legal person,and at the same time,we need to identify and restrain the abuse of rhetoric;In the stage of court debate,it is necessary to make the parties use rigorous reasoning to form a traction effect on rhetoric.In addition,it is also necessary to use the same case and the same sentence to enhance the certainty of law,so as to suppress the uncertainty of Legal Rhetoric;Finally,in the judgment,when the judge demonstrates and reasoned the judgment conclusion,he needs to respect the simple concept of fairness and justice of the masses,with negative rhetoric as the main and positive rhetoric as the auxiliary,so that the masses can feel fairness and justice in every judicial case.
Keywords/Search Tags:Legal Rhetoric, Uncertainty, Court hearing, Insufficient rhetoric, Rhetoric abuse
PDF Full Text Request
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