仲裁庭审中仲裁员身份建构研究——以情态系统为视角-a study on the construction of arbitrators status in arbitration trial —— from the perspective of modality system.docxVIP

M. A. M. A. Thesis of Chongqing University ABSTRACT PAGE PAGE VI ABSTRACT Lawsuit and arbitration are two main methods to solve civil disputes in modern society. Compared with lawsuit, arbitration possesses voluntariness, flexibility and confidentiality，so lots of countries would like to choose arbitration to settle civil disputes. Therefore, arbitration is playing a more and more important role in solving civil disputes. It is not exaggerating to say that whether arbitrator can construct proper identity features directly affects arbitration results. From the current literature, we can see that the study of legal discourse presents a kind of imbalance state. Up to now lots of scholars just focus on court trial and judgeship which is more dominant. As to arbitrator?s identity construction in arbitration trial is still neglected. Based on the modality system of Systemic Functional Linguistics, this study tries to probe arbitrator?s identity construction from three sub-systems of modality system: modality values, modality orientations and modality types. In order to restore the arbitral discourse in authentic context, and provide an all-round description, reflection, explanation and analysis of arbitration mediation, a corpus-based approach and qualitative approach are adopted, in which 15 arbitration court trials were collected and transcribed into written data. A spoken corpus with 200,000 Chinese characters was then constructed for further analysis. All the data were tagged from the following three aspects: modality values, modality orientations and modality types. Then multi-layer tagging and annotation were conducted to make a comprehensive statistical analysis. The major findings are as follows: ① With regards to modality values, in general arbitrators adopted more median and low value modality than high value modality. Through adopting more median and low value modality, arbitrators create a kind of equal, friendly and just atmosphere. At the same tim