余弦 程玉鳳

Abstract：Courtroom language is one of the main tools to discern right from wrong，which is used to exercise jurisdictional authority，check out the fact by the judge.This paper will focus on court language，analyze the features and charm of the courtroom language.Learning more courtroom language at home and abroad.Interruption and repetition，and summarizes the speech strategies used by participants in court trial and the participants speech characteristics.

Key words：Courtroom language；Court analysis

1 Introduction

In this paper，based on the theory of discourse construction，general scientific research method and the special subject research methods，in order to research the court trial，corpus based language materials，try to a detailed dynamic analysis，the process of trial by linguistics theories to explain the trial of language phenomenon，enhanced the explanatory power of discourse construction theory，the outstanding performance of the real problems in the judicial reform to provide some strategies to respond to the court，in order to play a guiding role to the judicial practice.

2 Analysis the features

2.1Judge of the speech act

Questioning：Discourse structure is basically the entire trial quiz structure，the behavior of the trial judges words are mostly verbal behavior questioning class.

Declare/Decision：“Proclaim”mentioned the characteristics of the kind of behavior is to change the present situation of the entity.

Exposition/Expression：During the trial，the judge will often be participants in the proceedings discourse comments，which are also on their views of illustration and description.

2.2Dialectic of courtroom language

Dialectical nature of court language，refers to the use of language is widely used in dialectical thinking discourse in the trial courts reasoning.It is generally for cases.The reasoning applied in the form of selection is based on the complexity of the case.In simple terms，if the case is relatively simple，in the course of the trial，the session participants generally tend to choose the form of reasoning；conversely，are more inclined to substantive reasoning.

2.3The structure of courtroom discourse

Courtroom discourse is a complete and effective process of verbal expression.The purpose of this model is that the trial session participants in the session as being the basis，in order to achieve a special interactive session structure as the ultimate goal and purpose of each form spontaneously.Borrow logic linguistics knowledge，we can call it “conversation syllogism， ”because it heads，body composition，and end of three parts.At this stage，we are mainly to review the key issues for the two sides dispute.

2.4Strategies

During the trial discourse，one strategy session is initiated when the topic of pre-planted，turn-taking to guide the direction of the party to carry out its own benefit，and then fight for the final victory.In trial session，the opposition parties in order to get the results of the trial in their favor，they will take advantage of the court language skills to carry out an intense debate.The initiative of the holder is questioning people，questioning authority will actively make use of the court given in a timely manner to interrupt answer people，control the favorable situation to make each other and their cooperation.

3 Conclusion

First，courtroom discourse as a speech acts，which has a clear motive.And this motivation is bound to have the desired effect.This behavior issue，not isolated，stationary；in the specific context of specific，relevant multiple roles done in the interactive process.Second，the words round the court session between the two sides，is a special kind of speech act.The initiator can control the progress of the general，the general debate before the initiator has been somewhat expected results，and the results will be based on the expected general direction.Third，courtroom language as an effective mechanism for conversation forms，with typical forms of turn and topics they represent.

References

[1]Berk-Seligson，Susan.The Bilingual Courtroom：Court Interpreters in the Judicial Process[J].Chicago University Press，1990.

[2]趙軍峰.法庭言語行為與言語策略[J].廣東外語外貿(mào)大學學報， 2007（02）.

[3]謝愛林.論法律語言的特點[J].南昌大學學報（人文社會科學版）， 2007（01）.

作者簡介

余弦（1993—），男，民族：漢；籍貫：渝；碩士生，單位：西南政法大學；研究方向：民商法。

程玉鳳（1994—），女，民族：漢；籍貫：渝；碩士生，單位：西南政法大學；研究方向：民商法。