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法律修辞在司法过程中具有重要作用,它是法官依法裁判后的一种正当性包装,有利于以较小成本说服当事人接受判决。在西方,严格守法观念的历史积淀,促使修辞在司法过程中发挥作用始终以遵守法律为前提条件,修辞是提高判决可接受程度的合理方法。但在中国,由于严格守法观念的缺失,单一强调修辞在司法过程中的作用,可能消解法律的确定性和稳定性,不利于普遍守法观念的培养。在中国提倡法律修辞在司法过程中的作用,必须以遵守程序性论证规则为前提条件。法官必须在依法裁判的基础上,合理使用修辞手段说服听众顺利接受判决。这样可使司法裁判既能彰显法律正义,又具有良好的社会实效。
Legal rhetoric plays an important role in the judicial process. It is a kind of justification package after the judge ruled by law, which helps to persuade the parties to accept the verdict with less cost. In the West, the historical accumulation of strict observing concepts of law-abiding, which impelled the rhetoric to play its role in the judicial process, has always been based on the law. Rhetoric is a reasonable way to improve the acceptability of judgments. However, in China, due to the lack of strictly law-abiding concepts, the sole emphasis on the role of rhetoric in the judicial process may eliminate the certainty and stability of the law and not conducive to the cultivation of universal law-abiding concepts. To promote the role of legal rhetoric in the judicial process in China, it is necessary to abide by the rules of procedural argument as a prerequisite. Judges must persuade listeners to accept judgments reasonably using rhetorical devices on the basis of judgments in accordance with the law. In this way, judicial adjudication can not only demonstrate legal justice, but also have good social effects.