话语主位推进与司法判决推理

Judicial Reasoning Within Text-based Framework of Thematic Progression

司法判决书是裁判过程的书面表达。法官作出裁判的过程,实质上就是以认定的案件事实和相关的法律规范为前提,运用演绎形式推理合乎逻辑地推演出判决结论的司法判决推理过程。主位推进理论研究连贯语篇中决定句子内容成份排列和句子之间配列、进而决定整个语篇语义内容发展方向的各个小句的主位、述位之间的联系和变化。依据横向话语流时间维度和纵向话语主位结构成分逻辑关系维度构建的话语主位推进分析框架,运用定性研究方法,探讨一篇优秀民事判决书的"本院认为……"部分如何实现演绎形式推理和法律命题内容实质推理双重共振的司法判决推理过程。

Judicial judgments are written records of legal proceedings. In nature, it is on the condition that the judge engages himself in the task of judicial reasoning in the form of deductive reasoning by finding legal material facts and applying legal norms in point that the judge makes a judicial decision. The theory of thematic progression is concerned with the connections and developments of inter-sentential themes and rhemes in coherent discourse, which play a decisive role in organizing intrasentence components and sequencing component sentences and therefore determine the semantic orientation of the whole text. According to the newly proposed textual framework of thematic progression which operates on the two textual dimensions-that is, the horizontal temporality dimension and the vertical theme-theme logical relation dimension, with a qualitative method, an ＂ According to the court, … ＂ text extracted from a well-formed civil case judgment in China is analyzed and interpreted in relation to how it accomplishes a judicial reasoning filled with legal-premise-oriented substantive reasoning in the form of deductive reasoning.