庭审话语中的话语交叠现象研究

Study on the Overlap in Courtroom Discourse

话语交叠是互动会话中的一种特殊现象,这种现象在公认秩序性较强的庭审话语中依然存在。话语交叠的形成和持续需要会话双方或多方共同促成,与说话人的权势、积极程度、执着程度以及会话环境的严肃性有关,但其内在动因依然是会话参与者的合作或不合作意图。话语交叠现象的适度存在是我国庭审改革开始适度强化当事人权利,弱化法院职权,以促成职权主义与当事人主义相结合的中国特色诉讼模式的体现。而为避免话轮转换混乱,法官可以采取及时指示下一说话人的方式进行调节。

Overlap is a special phenomenon in interactive conversation,and this phenomenon still exists in courtroom discourse which generally recognized with strict order.The formation and continuation of overlap needs to be facilitated by two or more parties in the conversation.It is related to the speaker’s power,enthusiasm,persistence,and seriousness of the conversation environment,but its internal motivation is still the intention of cooperation or non-cooperation of the conversation participants.The moderate existence of overlap is a manifestation of our country’s court trial reform that have begun to moderately strengthen the rights of the parties and weakened the powers of the court to promote the litigation model with Chinese characteristics that combines authority doctrine and party doctrine.However,in order to avoid confusion in turn-taking,judges can adjust by instructing the next speaker in time.