Legal linguistics is a cross -disciplinary discipline that combines law and linguistics,Bar germination in my country in the 1980s,Growing in the 1990s,Prosperity in the early 21st century。Although Chinese legal linguistics has gone through more than 40 years,But it has played a certain role in promoting the development of my country's law theory and linguistics theory,It also plays a very important guiding role in my country's legal practice。Looking back on the development of legal linguistics in my country,Examine the current status and problems of the research of legal linguistics in my country,and learn from the development experience of Western legal linguistics,It is conducive to promoting the further prosperity and development of my country's legal linguistics。
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In order,People in the domestic legal community began to pay attention to the characteristics of legal language and their legislation、Applications in judicial practice。Enter the 1990s,Researchers from more and more legal and Chinese linguistics are engaged in legal linguistics research,Research on legal linguistics in our country gradually formed an independent discipline。At the beginning of the 21st century,Under the background of joining the WTO in China,Foreign language scholars in China also began to pay attention to legal linguistics,and introduce it、absorption、Learn、Fortunately, the results of foreign legal linguistics are featured。Under the addition of foreign language circles,my country'bet365 Play online games s legal linguistics has entered a new round of prosperity and development。Li Zhenyu pointed out,After 2007,my country's legal linguistics has entered a new historical stage,formed a "three points in the world" situation,That is, the study area is divided into the central region、Three areas of the north and south,Form the legal community in the academic world、Chinese Linguistics and English Linguistics Communities:,Forms discipline construction in the research content、Three areas of practical application and legal translation。
From the perspective of research objects,Domestic legal linguistics mainly involves judicial language、Legislative language、Legal translation。Legal linguistics in the budding period,Mainly the legal professionals、The words encountered in the process of judicial practice are not intentional、Words such as vague words to explore。After that,Professionals in the Chinese Linguistics Circle also entered the trend of legal linguistics research,Injecting linguistics theoretical ideas for legal linguistics,Promoting the further development of legal linguistics。In the late 1990s, the early 21st century,With English linguistic scholars introduced the results and theories of Western legal linguistics and theories into our country,my country'bet365 Play online games s legal linguistics has opened a new field of legal translation。
Overall,my country's legal linguistics research focuses on written words,and less research on speaking and bilingual。From the perspective of research methods,my country'bet365 Play online games s legal linguistics has theoretical discussion,There is also justice、Legislation and other application studies。
The development of Western legal linguistics can be used for reference
As early as the 1960s,Western academic circles began to recognize the importance of language for legal practice。Legalist、Linguist、Sociologist、Psychologists, etc. have joined the ranks of legal linguistics research,Gradually formed a branch of legal linguistics。After more than 30 years bet365 live casino games of early development,The first international legal language conference was held in Germany in 1993,The first professional academic organization combined with the combination of legal and linguistics at the meeting- "International Legal Linguist Association",Planning and creating a Legal Language Scholarship,This marks that legal linguistics become an independent discipline in the West。Western legal linguistics are divided into broad legal linguistics and narrow legal linguistics。Broadly legal linguistics refers to the study of language problems in any relevant legal affairs,Including legislation、Justice、Language problems encountered in the process of legal research; narrow legal linguistics refers to the study of language problems that apply linguistics theory to legal affairs,A cross -study combined with linguistics and law。
From the perspective of the research content,Western legal linguistics research involves spoken language、written language and bilingual research。Oral research includes legal phonetics、voice recognition、Analysis of judicial speaking and recording session; written language research includes legislative language、Quay legal text and handwriting; bilingual research refers to the translation of legal documents、Court translation and language evidence translation。From the perspective of linguistics,Western legal linguistics research involves voice、Vocabulary、Sentence、Semantic、Exic linguistic branches; from the perspective of law,Western legal linguistics involves criminal law、Civil Law、Trademark Law、Contract Law and other law areas。It is worth noting that it is,Western legal linguistics not only effectively uses the theory of law and linguistics,Philosophy、Rhetoric、Logic、Research methods and achievements of multiple disciplines such as psychology absorb Bet365 lotto review them,to present a variety of research methods and unique academic perspectives。
Research on Chinese Legal Linguistics in many aspects
After more than 40 years of development,my country'bet365 Play online games s legal linguistics has become a relatively mature independent discipline。But compared with Western legal linguistics,There is still a certain gap,The main reason is that the research on legal linguistics in my country is relatively late。How to get useful reference from Western legal linguistics,Reform status quo,Update method,Reform status quo,So as to create a legal linguistic theoretical system that is suitable for my country's national conditions,It is a question that is worth thinking about by Chinese legal language scholars。Compare the history and current status of domestic legal linguistics and Western legal linguistics,We found that the construction of Chinese legal linguistics should be improved in many ways,Long -term supplement,To realize the further development and prosperity of the discipline。
First,Construction Professional Discipline Platform,Promoting academic exchanges。Western legal linguistics originated in the 1960s,And my country's legal linguistics began in the 1980s,about 20 years later than the West。Western legal linguistics research involves wide、Rich research results,Specialized academic organizations and society publications have been formed,But my country is still relatively lacking such specialized academic organizations and academic journals。Therefore,my country's legal linguistics should strengthen discipline construction,Form the disciplinary advantage as soon as possible。For this situation,It should be set up for a special、National academic organization,Hold academic conference regularly,Strengthen the communication between peers; at the same time,It should be relying on the Society to run the bet365 Play online games Journal of Law Language and Language,For scholars to publish research results,Provide an academic exchange platform。
2,Greed the field of research,Increase the depth of research。In the West,The legal linguistics before the 1970s is mainly for legislation、Vocabulary in judicial practice、Sentence Fa Special Expedition Motor Static Description,After the 1970s,Western legal linguistics shifted from static to dynamic research,A large combination of various theories in linguistics such as language、Dynamic research on legal linguistics for discourse analysis。Current,my country's legal linguistics is mainly focused on static analysis of legislative language and legal text language characteristics,Little use of frontier linguistics theory for dynamic study of legal linguistics。Research objects are mainly focused on written texts,Many levels of research have not yet developed,Important branches of Western legal linguistics research — the application of legal voice and voice recognition in judicial practice。Although some aspects of research have been involved,But its research is not comprehensive enough,Failure to reach a consensus。Analysis of Q & A of court trials,Many scholars have discussed and discussed from different angles,and put forward some good suggestions and specific practices,But it has not yet formed a unified theory and perspective to guide judicial practice。Therefore,my country's legal linguistics urgently needs to expand the field of research,Increase the depth of research。
third,Promoting interdisciplinary communication,Form research joint。Due to historical reasons,my country's legal linguistics was originally opened by the legal community,Later Chinese language scholars joined,Then foreign language language scholars remit in。The inherent barriers of disciplines have caused researchers bet365 Play online games in the three circles of my country's legal linguistics to lack communication,Research work is political。Western legal linguistic circles have not formed such academic barriers,Researchers in the legal community and the linguistic community often communicate,A large number of interdisciplinary researchers who understand both law and linguistics。For this,my country should break the barriers of "three points in the world" in legal linguistics,Strengthen the ideological collision between people from all walks of life,Create more interdisciplinary research talents。
Fourth,Open theoretical vision,Actively draw on the theory of disciplines such as philosophy、Thought and Achievement。Linguistics steering in the 20th century in the western philosophy,In this big background,Western law and academic circles have also opened "Linguistics of Law Linguistics"。It is under the trend of "the transition of the linguistics of law",Western Legal Linguistics, an independent discipline that came into being。Therefore,Western legal linguistics was originally infused by philosophy,H. L. A. HART (H. L. A. Hart) will Wittgenstein、Russell、The language analysis philosophy of language represented by Austin is used in legal studies,This has contributed to the conversion of law research paradigm,Building Hart Seminical Analysis Law。Except philosophy,Western legal linguistics also benefit from rhetoric、Logic、Psychology and other disciplines,With a broad theoretical vision。my country's legal linguistics should jump out too much legislation、The barriers of rhetoric analysis of judicial and other rhetoric,Add theoretical content,Academic perspective and academic status of improving legal linguistics。
(This article is the State Law and Law Theoretical Research Project "Economic Sanctions and Anti -Criticism" (19SFB2057) phased achievement)
(Author Unit: School of International Law, Southwest University of Political Science and Law)
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