摘要:
态度是法庭审判话语实现人际功能的重要资源。经过对八场法庭审判话语的态度系统分析,本文发现:数量最多的态度表达是判断,其次是鉴赏,最少的是情感。在四场刑事审判中,被告人的态度表达数量最多,且否定程度最高;在四场非刑事审判中,原告的态度表达数量最多,且否定程度最高。在刑事审判的辩论阶段,公诉人与辩护律师主要通过"合法性"及"能力"判断,以及"判断引发型鉴赏"来表明态度。"判断引发型鉴赏"在对证据等进行评价的同时,也引导出实质性陈述,在法庭辩论中发挥着承上启下的作用。
Attitude is an important resource for courtroom discourse to perform interpersonal functions. After having analyzed the attitude expressions in the eight trials which are audio recorded and transcribed, this study has found that judgment and appreciation are the first two most important ways for subjects in the courtroom to express attitude, but affect is least frequently used. In the four criminal trials, the defendants express attitude most frequently and negatively; in the four non⁃criminal trials, the plaintiffs express attitude most frequently and negatively. In the debate section of criminal trials, judgments of legality and capacity and non-judgment invoking appreciations are employed by the prosecutors and defense attorneys to express attitude and debate each other. Non⁃judgment invoking appreciations are used not only to evaluate the evidence, but also to introduce substantial statements, serving as a link between the former and the latter.