刑事司法场域中的修辞学及其应用.pdfVIP

the boom. This paper in writing from the two boom classical theory, namely Aristotles classical rhetoric theory and the Perelman theory of new rhetoric. Aristotles theory of classical rhetoric will convince each other, made a speech means of success is divided into human means and nonhuman as the means, the summary to see, a type of reasoningAristotles rhetoric with the example, the method of it is character with proof that emotion. Perelman inherited classical rhetoric and Aristotles theory on the basis of traditional classical puts forward a kind of new rhetoric form of idea argumentation theory, and puts forward the identityoftheaudienceforthestartingpointtheoryandargumentationskills,etc. In the study on the basis of the classical, we should look at reality and rational deeply. The interpersonal communication is more and more frequent, complicated social disputes, and rhetoric is human understanding and communication to the door, solve the differences, to achieve the harmony of the society of the effective channel way, whether Aristotle or Perelman rhetoric toward the theory on the judicial process legal rhetoric and its application. In the field of criminal justice, judges, prosecutors, the criminal suspect and the victim is the judicial process, such as the main body participation, and how to construct a benign judicial system, is a theoretical and building harmonious judicial environment to return to the country that rhetoric judicial field and play their due role of a pressing problems. Chinas criminal judicial reform community emphasized the judicial correction function, construction criminal judicial and harmonious legal move, but in judicial is, in practice, how to, operation process and what can be targeted and academic theory to solve the problems of the judicial reality reviled. It is on these problems are thinking, this article selects the criminal justice, this particular field : prosecutors in court the argument to the appl