Font Size: a A A

The Influence Of Legal Rhetoric On The Acceptability Of Judgments

Posted on:2021-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y DongFull Text:PDF
Abstract/Summary:PDF Full Text Request
At present,the acceptability of our country's judgment is not strong,which is mainly reflected in the low rate of appeal and the low rate of conscious execution of the parties.As a skill to improve the effect of expression through language,rhetoric is widely used in judicial practice.The audience of the Legal Rhetoric in the judgment includes the parties and their agents,the public and the judges themselves,which is solemn,exclusive and interactive.Legal Rhetoric exists in the stage of fact determination,law application and situational persuasion.Rhetoric in the judgment can be divided into broad rhetoric,narrow rhetoric,positive rhetoric and negative rhetoric.Proper use of legal rhetoric skills can improve the efficiency value and acceptable value of judgments.Common rhetorical skills of judgment include vague language,evaluation,emotional arousal,etc.Good faith and appropriate adaptation to legal rhetoric will exert positive effects on the acceptability of the judgment,such as strengthening the legitimacy of the judgment,gathering judicial consensus,changing the public's litigation concept,and promoting the status of legal discourse.However,the malicious and inappropriate application of legal rhetoric skills will have negative effects such as fuzziness,distortion,tailoring of legal facts,fuzziness and uncertainty of legal application,improper emotional arousal,etc.In order to avoid the waste of judicial resources,the damage of judicial credibility and the destruction of social stability,the judicial system and judges put forward targeted countermeasures.The judicial system should provide supervision and guidance at the system level,encourage judges to properly use rhetoric technology to improve the acceptability of judgments,and train judges to pay attention to and be good at using rhetoric technology to package judgments to improve their acceptability.The individual judge should implement it from the details,first of all,clarify the purpose of rhetoric,consolidate the basis of rhetoric standardization,at the same time,maintain the effectiveness of rhetoric,play the role of Legal Rhetoric to popularize legal awareness and gather judicial consensus,and achieve the goal of improving the acceptability of judgment through rhetoric skills.The development of society brings new challenges to judicature.It is a useful exploration to use legal rhetoric to enhance the acceptability of judgments in response to the needs of the times and promote the democratization of judicature.
Keywords/Search Tags:legal rhetoric, acceptability, judgment, persuasion, judicial consensus
PDF Full Text Request
Related items