法律语言学家作为专家证人在我国司法活动中的价值
发布时间：2018-09-04 10:08
【摘要】：随着法学和语言学的融合及应用语言学的深入研究,法律语言学家在立法和司法活动中的重要性日趋凸显。从国内外所发表的学术观点来看,法律语言学家对立法的完善具有重要作用,同时法律语言学家通过对法规、合同等法律文本所涉及的法律争议问题的诠释出庭作证将有助于司法活动目的的实现。尤其是,法律语言学家作为专家证人在涉及到语言争议的案件中起到至关重要的作用,因为普通人甚至是法官等法律界人士都不可能精通语言和法律语言。虽然法律语言学已确立并不断完善,对于许多陪审团、法官、律师及其他法学专家仍旧是新鲜事物。法律语言学家在我国司法活动中的重要性并没有被大众甚至法学专家所承认。法律届人士并不认为语言学家在法学领域具有专业知识,他们认为那是他们的领域。然而,著名学者麦考密的观点“法学其实不过是一门法律语言学”有力地阐明了法律与语言学的紧密关系,法学人士的这种观点显然并不正确。 在我国,已出现一些涉及到语言争议问题的案件开始向语言学家求助,但是由于各种法律因素及以上所述原因,实际成效并不见好。然而事实上,在普通法系许多国家,法律语言学家作为专家证人在其司法活动中都具有极其重要价值,有利于案件的各方以及法官判案。由此,本文将对法律语言学家作为专家证人在我国司法活动中的价值进行尝试研究,以期我国法学界重视语言学的价值,承认语言学家的专业性并给与其施展专业才能的空间,这将不仅有利于完善我国现有的鉴定人制度也有利于法律语言学理论应用的发展。
[Abstract]:With the integration of law and linguistics and the in-depth study of applied linguistics, the importance of legal linguists in legislative and judicial activities has become increasingly prominent. From the academic point of view published at home and abroad, legal linguists play an important role in the perfection of legislation. At the same time, legal linguists adopt laws and regulations. The interpretation of legal disputes involved in legal texts such as contracts will be helpful to the realization of judicial activities. In particular, legal linguists, as expert witnesses, play a crucial role in cases involving language disputes, because ordinary people, even legal professionals such as judges, are unlikely to be proficient in language and legal language. Although forensic linguistics has been established and perfected, it is still new to many juries, judges, lawyers and other legal experts. The importance of legal linguists in judicial activities in China has not been recognized by the public or even legal experts. Law professionals do not think linguists have expertise in the field of law, they think it is their field. However, the famous scholar McCormick's view that "Law is in fact nothing more than a legal linguistics" powerfully clarifies the close relationship between law and linguistics, which is obviously not true. In China, some cases involving language disputes have begun to turn to linguists for help. However, due to various legal factors and the above-mentioned reasons, the actual results are not good. In fact, in many common law countries, legal linguists, as expert witnesses, have extremely important value in their judicial activities, which is beneficial to the parties to the case as well as to the judges. Therefore, this paper will try to study the value of legal linguists as expert witnesses in the judicial activities of our country, in the hope that the jurists in our country will attach importance to the value of linguistics, recognize the professionalism of linguists and give them space to exert their professional talents. This will not only be conducive to the improvement of the existing system of experts in China, but also conducive to the development of the application of forensic theory.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90-055
本文编号：2221770
[Abstract]:With the integration of law and linguistics and the in-depth study of applied linguistics, the importance of legal linguists in legislative and judicial activities has become increasingly prominent. From the academic point of view published at home and abroad, legal linguists play an important role in the perfection of legislation. At the same time, legal linguists adopt laws and regulations. The interpretation of legal disputes involved in legal texts such as contracts will be helpful to the realization of judicial activities. In particular, legal linguists, as expert witnesses, play a crucial role in cases involving language disputes, because ordinary people, even legal professionals such as judges, are unlikely to be proficient in language and legal language. Although forensic linguistics has been established and perfected, it is still new to many juries, judges, lawyers and other legal experts. The importance of legal linguists in judicial activities in China has not been recognized by the public or even legal experts. Law professionals do not think linguists have expertise in the field of law, they think it is their field. However, the famous scholar McCormick's view that "Law is in fact nothing more than a legal linguistics" powerfully clarifies the close relationship between law and linguistics, which is obviously not true. In China, some cases involving language disputes have begun to turn to linguists for help. However, due to various legal factors and the above-mentioned reasons, the actual results are not good. In fact, in many common law countries, legal linguists, as expert witnesses, have extremely important value in their judicial activities, which is beneficial to the parties to the case as well as to the judges. Therefore, this paper will try to study the value of legal linguists as expert witnesses in the judicial activities of our country, in the hope that the jurists in our country will attach importance to the value of linguistics, recognize the professionalism of linguists and give them space to exert their professional talents. This will not only be conducive to the improvement of the existing system of experts in China, but also conducive to the development of the application of forensic theory.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90-055
【参考文献】
相关期刊论文 前2条
1 吴伟平;法律语言学的研究方法[J];当代语言学;2002年01期
2 胡志清;司法语言学及司法语言学家的四大专家领域[J];当代语言学;2002年02期
，本文编号：2221770
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