言论自由与言语行为——论检验“言语行为”的标准

Free Speech vs.Speech Act:On the Validity of Speech Act Theory

从“言语行为”中剥离出两条核心论断,“言即行”和“言寓力”。然后,以宪法和刑法为参照系,在法的实践中证否了“言即行”;鉴于“力”不是能被直接观察的对象,故推断证明“意寓力”和“言为媒”,并以法权和刑法为参照系,对力的形态作出区分和说明。

Speech Act Theory has been reduced in the present thesis to Speech is act and Speech exerts force,the former of which is falsified in the context of Constitution of the People's Republic of China(2018 Amendment)and Criminal Law of the People's Republic of China(2017 Amendment),the latter of which,given that force is a transcendental object,is modified as Will exerts force with speech,of which perlocutionary forces are classified in the context of natural right and Criminal Law of the People's Republic of China(2017 Amendment).