基于关键词抽取与高频词统计的司法判决书语言特征分析——以刑事判决文书为例

Linguistic Feature Analysis on Judicial Decisions Based on Keyword Extraction and High-frequency Word Statistics——Taking Paper of Criminal Judgment for Example

司法判决文书有囿于官式、格式呆板、欠缺个性化考量、固守传统等常见病,给当事人和公众留下了法院判决不讲理的印象;产生这种不良印象的根源在于司法判决书过于嵌套制式模版,不仅割裂了具体案件中各部分间的有机联系,其成文还严重降低了法院的权威性,造成了一定的负面影响。基于计算机关键词抽取与高频词统计共现技术,通过自建刑事判决书数据库对比国内重点案件的裁判文书,将关键词抽取与数据检测结果作为检验判决文书的一项基本指标,对刑事判决书的语言特征进行分析,得出结论:从语用学角度出发,刑事判决文书应具有语言的模糊性与明确性、语言表达过程的说理性与客观性、语言表达效果的严谨性与凝练性等特征。

Apart from other common problems, judicial decisions are bound to an official and stiff format, lack of individ- ualized considerations and sticking to traditions. All these give the parties concerned and the public an impression that judicial decisions are unreasonable. The origin of such a bad impression lies in the fact that judicial decisions are over-bound to a standardized template. Such a case breaks the organic relationship between all parts of a specific case. Moreover, the literal expres- sions also lower the authority of a court gravely, thus having an adverse impact to some extent. This paper attempts to make a comparison of judicial decisions made on key cases in China based on including computerized keyword extraction and high-frequency word co-occurrence technology and by creating a database for judicial decisions. It takes the result of keyword extraction and data detection as a basic indicator for examining judicial decisions, then making an analysis on the linguistic features of judicial decisions. It is concluded that in view of pragmatics, juridical decisions shall be fuzzy and definite in language, reasonable and objective in language expression, as well as precise and concise in language expression effect, etc.