Illocutionary and Perlocutionary Acts in Chinese Judge's Attached Discourse

• Authors: Weiming Liu , Shuying Liu
• Languages of publication: EN

Abstracts

EN

After 2002, courts in China have increasingly been introducing certain judicial reforms, one of them being the improvement of trial language. In these courts, the judges append their comments to the case at the end of their verdicts in writing. The Chinese judge's attached discourses resemble the obiter dicta of judges in Western courts, but there are differences. Since the new element was introduced in some courts in 1998, some doubts have been voiced in strong opposition to the new practice, giving rise to a heated academic debate on the issue. This paper investigates and analyses Chinese judge's attached discourse in terms of discourse analysis categories, such as their usage of illocutionary and perlocutionary acts.

Keywords

EN

Illocutionary act; perlocutionary act; judge; discourse; litigant

• Publisher: De Gruyter Mouton
• Journal: Lodz Papers in Pragmatics
• Year: 2007
• Volume: 3
• Issue: -1
• Pages: 137-144

Dates

published

2007-01-01

online

2007-08-20

Contributors

author

Weiming Liu

• Northwest University of Politics and Law, Shaanxi

author

Shuying Liu

• Northwest University of Politics and Law, Shaanxi

References

• Austin, John L. How to Do Things with Words. New York: Oxford University Press, 1962.
• He, Zhaoxiong. Essentials of Pragmatics. Shanghai: Shanghai Foreign Language Education Press, 1989.
• Huang, Guowen. Essentials of Text Analysis. Changsha: Hunan Education Press, 1988.
• Mi, Jian. "Creativity and unification of judicial reform-should the judge's attached discourse be postponed?" Legal Daily, March 14, 2003.
• Searle, John R. Speech Acts: An Essay in the Philosophy of Language. Cambridge: Cambridge University Press, 1969.
• Shuy, Roger W. "Discourse analysis in the legal context." In The Handbook of Discourse Analysis, edited by Deborah Schiffrin, Deborah Tannen and Heidi Hamilton, 437-452. Oxford: Blackwell, 2001.
• Wu, Xuean. "Advantages and disadvantages of the judge's attached discourse." Worker's Daily, Jan. 18, 2003.
• Zhang, Zhiming. "The judge's attached discourse and the combination of affection and law." People's Court Newspaper, Nov. 22, 2002.

Identifiers

DOI

10.2478/v10016-007-0009-4