Legal linguistics thinking of "intentional damage to the monument"
May 12, 2021 09:31 Source: "Chinese Social Sciences" May 12, 2021, Issue 2163, May 12, 2021

January 2021,The website of the Supreme People's Court announced the guidance case No. 147,called "Zhang Yongming、Mao Weiming、Zhang Lu deliberately damaged the famous monument case ",The basic case is: around April 2017,The defendant Zhang Yongming、Mao Weiming、Zhang Lu is approved to go to the Sanqing Mountain Scenic Spot to climb the "Giant Python Out of the Mountain" rock pillar (also known as the python peak)。During the climbing process,Zhang Yongming uses an electric drill to drill on the python peak rock body。Survey on the spot,Zhang Yongming entered 26 rock nails on the python peak。Experts demonstrated,The behavior of the three defendants has caused severe damage to the Geological Riscence of the Python Peak。Jiangxi Province Shangrao Intermediate People's Court made criminal judgment in 2019: First,The defendant Zhang Yongming committed the crime of intentional damage to the monument,One year sentence sentenced to one year,and a fine of RMB 100,000。2,The defendant Mao Weiming deliberately damaged the crime of victory and monument,Six months in prison,One year of probation,and a fine of RMB 50,000。Sanqing Mountain Scenic Area is included in the World Natural Heritage、World Geopark List,The Geological Rites of the Python Peak is its precious iconic landscape and the most core part,Have major scientific value、Aesthetic value and economic value。The defendant violates the order of social management,Use destructive climbing method to climb the python peak,Severe damage to bet365 best casino games the python peak,serious plot,Its behavior has constituted the crime of intentional damage to the monument,It should be punished according to law。The case specifically pointed out in the referee: The case of the three defendants in this case,Not only negation evaluation of its behavior,It is even a famous monument to warn the world that the world must not destroy the country's protection,to guide the public to establish the correct view of ecological civilization,Cherish the natural resources and ecological environment that humans depend on survival and development。

This guiding case is announced,Mainstream media across the country compete for reprint。Many professionals have given a high evaluation of the case,It is believed that the disclosure of this case has given the society a deeper understanding of the crime of intentional damage to the monuments of the monument,Provided the main reference examples for the people's courts at all levels,It is of great significance for cracking down and preventing such crimes。The evaluation of professionals pays more attention to the fair treatment of the case、Conflict on accuracy、Proper torture。Standing from the perspective of legal linguistics,The case language is concise,Clear description of the facts、Accurate,The content of the public evidence expresses the negative value judgment of the judiciary's behavior of the criminal behavior,It reflects the function of the concept of social rule of law and the construction function of the social legal consciousness of the social rule of law。One of the purpose of the release of guiding cases is the social function that hopes to maximize the legal,Integrate the law to social life,Make it as a regulator for bet365 live casino games social development,Maintaining a harmonious and orderly relationship with other social specifications。Pass the existing court、Police、Prison and other countries to ensure the implementation of the "other society",Turn to condense socialist rule of law into social ideology、Social members consciously abide by the "self -discipline society" of the law。In this process,Legal linguistics play an important role。

Legal Linguistics as a cross discipline for law and linguistics,Its main research object is legislation、Justice、The specific language used in law enforcement practice,Guiding cases, etc. The language used by the official notification text is in this column。Legal language as a special discourse,Different from the daily language used in general social life,Legal language is standardized、Legality、Reasonable characteristics。Research on legal linguistics in the past mostly focused on legislative language analysis、Legal language translation and court discourse research,Social rule of law propaganda and ideological construction function of the legal language is not much research。The "discourse turning" section in the "French theory" in the "French theory" in the field of philosophy in the late 20th century proposes to use language in practical activities,refers to a way involving or constructing knowledge about a specific topic of practice,Termination of discourse as constructing social reality、Social practice that embodies the relationship between power and ideology。Discounted passing the hidden ideology behind the discourse through social practice activities to the obedient。The judgment reasons announced in the guiding case published by the People's Court bet365 Play online games and the standard language in the official text,Its purpose is not just related information disclosure,Deep features with discourse,That is, the legal language affects social ideology。

Details that disclose social concerns through new media、Progress、The results and reasons have become the government、The usual means of the main body of the court and other power,It also belongs to the obligation to fulfill the disclosure of government information。When the relevant agencies are reported by the new media, the text is published,Not only should we make full use of the new media coverage、Strong interactivity、Fast spread of communication,You should also pay attention to the social legal consciousness construction function of text words。The characteristics of the official notification text,It should take into account at least the following aspects。

First,Information disclosure should be accurate、Timely。We live in a new media era,WeChat、Weibo and other new media not only covers wide coverage,and fast spread,Official text release should be published in time on the basis of accurate language expression,Avoid the formation of public opinion,Causes serious adverse effects to the government image and social image。

Second,Standards of text language。The written language expression of general text is mostly reflected in the verbs name、The use of noun phrases such as special terms,​​The standardization of legal text is reflected in the use of "French and French"。At the same time,As a special official document,It should include the important content of the incident、Notification of Event handling method and progress,Correction of errors and false information, and publicity of the bet365 Play online games final processing results。Some social concerns are more complicated,It may take a long time from intervention to processing,To avoid forming social public opinion,It can be targeted at important content、Processing progress、Error information and other items to be reported in a certain item,But when notifying the above information, you should ensure that the main theme of the content of the content should be clear、Strict logic、Confirm the language、Expressive expression。If there is obvious language or logic error in the report,It will also cause the public to doubt the legal literacy and work attitude of the staff of public power such as judicial power。

third,The legitimacy of the text content。The officially released text Except for the information related to the relevant information of the event,Its words also have publicity and education as a legal language、Apocalypse and Direction、Investigation Assistance and other functions,If the publicity is correct、Legal similar incident response method,Apocalypse specific population emotions,Call for investigative related clues, etc.。It should be strictly demonstrated by experts in related fields before release,Avoid the legality of the content of the release,Legal knowledge that leads to errors that cause errors to the masses,Affecting the construction of society of rule of law。

Fourth,The reasons for the referee should fully consider the legal emotion of the people。Legal emotions are determined by specific legal and cultural traditions,It reflects the people's understanding and acceptance of legal measures。The legal emotions of the people should be consistent with the long -term direction of national legal civilization construction,But sometimes Bet365 lotto review there are differences with the value pursuit of the current legislators,even contrary to each other。Especially the text issued by relevant departments is a explanation and notification of the general population of the general population of a professional judiciary,So in terms of professionalism,To fully consider the legal literacy of the general public,In particular, the results of the legal treatment results are not very consistent with the general social moral norms,Legal clauses in response to the processing process and results,Even the principle of legislative makes further explanations,The process and results of the relevant departments can be understood and accepted by the masses in accordance with the law。The process of understanding and acceptance of relevant departments in accordance with the law in accordance with the law is also the process of constructing social legal concepts。

The guiding case released by the Supreme People's Court is standardized、accuracy、Legality and other aspects fully meet the requirements for the specifications of the report,At the same time, guiding cases began to attach importance to its guidance of social ideology.。Guiding cases as a kind of official text,It is also constructing social reality、Social practice that embodies social power relations and affect ideology,Maintaining the government image、Establish the correct values、Cultivate the people's legal consciousness and play an important role。Rich on new media information dissemination、Today's society with a very fast speed,New media already has more right to speak than traditional media。The official text published by the new media cope with the text content、Explaining the angle of perspective and language bet365 best casino games selection,Targeted training for related publishers,Specific release content,Improve the release procedure,Make it an important means to build a society in the rule of law。

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(Author Unit: School of East Language, Heilongjiang University; Law School of Law of Heilongjiang University)

Editor in charge: Zong Yue
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