Dissertation > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure

Criminal trial discourse analysis

Author ZhouFengYing
Tutor FangZhenPing
School Shanghai International Studies University
Course Linguistics and Applied Linguistics
Keywords Criminal trial Discourse Analysis Relevance Theory Interrupt Repeat Speech Strategy
CLC D915.3
Type Master's thesis
Year 2009
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Language is the most important human communication and transmission of information tools, they form different areas of language use in different environments. The legal language is the language in the legal field application of a body language, their own unique characteristics. According to their different characteristics, can be divided into legislative language, the language of Justice and law enforcement language. This article is based on the words in the criminal trial as the research object, therefore, of a judicial language. The language of Justice, including the trial of the language with the language and judgment. The courtroom is one of the most important legal activities, the result is often a matter of trial the party of life, liberty, property interests, in particular criminal trial. The trial has different from other proceedings of the special nature of the deepest degree of intervention by the criminal trial itself the greatest efforts, the interests of the parties affected state coercive power. Therefore, the study of the phenomenon of discourse in the criminal trial, has a very important theoretical and practical significance. Relevance theory of Sperber and Willson, combined with conversational analysis methods to study the discourse of criminal trial. First, the discourse, discourse analysis, the basic concepts of the criminal trial discourse analysis, as well as the criminal trial process. Secondly, it analyzes the wheel and adjacent pairs of words in the criminal trial, and the trial role to start the proportion of adjacent pairs were analyzed quantitatively. As can be seen from the allocation of the right to speak in various roles. Through analysis, we conclude that: the power of the presiding judge in the trial is the largest, not only presided over the entire course of the trial, and decided the final verdict; prosecutor plays a very important role in the trial stage of the investigation of the facts, the right to speak also great; relatively small due to the limitations of our current legal system, lawyers in the criminal trial, the right to speak; defendant smaller due to the special nature of litigation identity, the right to speak. Again, relevance theory as a guide of the criminal trial discourse relevance, relevance theory recognizes the size of the context, that context is not static, but dynamic. Not associated in the smaller context of discourse, in the larger context was able to find the associated stage in the investigation of the facts of the case, said the size of the context has an important role in the strategy. In addition, the corpus analysis we found that in a criminal trial, some of the reasoning is not strictly logical form, but with cognitive context an association reasoning, in the text, but also through specific case demonstrated. Finally, we in the criminal trial of the conflict to speak - to interrupt and repeat the analysis, and summarize the the words strategy used by the various roles in the criminal trial and its speech features.

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