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On The "sophistry" Of Ancient Chinese Litigators

Posted on:2020-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q SunFull Text:PDF
GTID:2436330572974269Subject:Law
Abstract/Summary:PDF Full Text Request
The line of litigation masters has been in existence for thousands of years.Although it has never been able to obtain the official legal status,it is fully active in judicial practice and is a non-negligible part of the traditional judicial system.Due to the limitations of the concept of non-lawsuit and the system of litigation in the ancient feudal society,the scope of litigant's litigation business was narrowly limited to the complaint.For the survival and development of the profession,the litigant honed the pursuit of winning the first pursuit.Intensive litigation argumentation skills.Describe the facts of the case in a very short space,highlight the main points of the litigation,show the process of argumentation and supplement the sensibility,so as to achieve the purpose of influencing the outcome of the referee.This technique has been endowed with the evaluation of sophistry since the time of the founder of the ancestors.This article firstly expounds the definition of sophistry and its nature and characteristics in modern logic from the perspective of legal logic,and then sums up the litigations and cases recorded in the historical materials.The main argumentation skills of the litigator.After comparing the two,it is found that most of the legal argumentation process of the litigant cannot be attributed to the debate,and some of its argumentation techniques are still helpful for the litigation debate of modern lawyers.
Keywords/Search Tags:Litigation masters, Ancient China, The art of "sophistry", Litigation skills, Legal argument logic
PDF Full Text Request
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