The Application Of Rhetoric In Judgment Paper Of Criminal Sentence

The reform of Judgment Paper of Criminal Sentence is an important part of deepening the reform of the judicial system.How to use rhetoric argumentation reasonably and appropriately in the judgment so that the judicial impartiality is generally recognized has become the focus of the judicial document reform.At present,the use of rhetorical is not well in the judgment,therefore appeared some bad cases: "Xu Ting" Case,"Yu Huan Intentional Injury" Case.In order to strengthen the persuasion of criminal judgment and make it more acceptable to the public,it is necessary to make full use of the art of rhetoric in the process of writing criminal judgment.And the legal rhetoric argumentation in the process of judicial document writing is a double-edged sword.How to seek benefit and avoid harm is also an important factor that should be considered,so we must rely on the study of legal rhetoric argumentation itself and put it into practice in the judgment.The status quo and existing problems,based on the above rhetoric argumentation method as the main line,this paper takes the criminal judgment to write as a breakthrough point,through the analysis of typical samples to analyze the criminal judgment as legal reasoning methods of the use of rhetorical reasoning methods,aims to find and found that the criminal judgment of "audience" and "emotional" or "persuaded" understanding and use of the concept of seeking better,more appropriate path rhetoric argumentation of applicable law,strive to break through the traditional judgment writing barriers,improve the level of criminal judgment of legal rhetoric argumentation,lawmakers to more appropriate and accurate expression of legislative purpose and the public to accept.