论庭审语言的特征

摘要

庭审语言是对案件事实的陈述，具有固定的程序性特征，讲究有根有据，是将事实、证据、法律进行语言加工后形成的一个有机系统。庭审中，法官语言具有威严性；律师语言的总特征是辩论性、针对性；当事人的语言或委屈、或愤怒，富有攻击性。国外庭审语言比较灵动、活泼，国内庭审的语言主要体现为庄重美，两者之间存在较大差异，这主要是由不同的庭审模式造成的。%The trial language is a kind of language which is used to state the facts of the case, which has fixed program features, pay attention to facts, is the organic system which facts, evidence, legal language are processed. In the court, the judge' s language has the nature of dignity and inviolability ; the total characteristic of lawyer' s language is debated, targeted ; the party' s language is compromise, or angry, aggressive. Foreign language in the law court is smart, lively, and the domestic court language mainly manifests for the solemn beauty. There is a big difference between the two. This is mainly caused by different mode of the trial.