庭审话语互动中法官身份的构建

The Construction of the Judge's Identity in the Interaction of Trial Discourse

通过对8场庭审语料的分析发现,法官具有执行者、主持者、组织者、调查者、倾听者、调解者、仲裁者等多重身份。法官身份角色随着具体的语境和法庭审判进程的变化而变化,宏观上表现为程序性控制和实体性参与,微观上表现为通过分配话轮、选用不同的语气类型和言语行为方式建构自己的话语角色。与此同时,法官话语资源的选择又常与其法律人的身份保持一致,故表情式等言语行为受到压抑。因此,在庭审这种特殊的机构语境下,语言和互动建构法官多重话语角色的同时,又反过来受其制约。

Based on the data analysis of eight trials,it is found that the judge has multiple roles,such as executors,presenters,organizers,investigators,listeners,mediators,arbitrators and so on. The role of the judge changes with the specific context and the process of the court trial,that is,on the macro,the judge controls the procedure and participates in the trial; on the micro,the judge constructs his or her role by distributing turns,and choosing different tones and modes of speech. Meanwhile,the choice of discourse is often in accordance with the identity of lawyer,so the expression of speech and other acts are repressed. Therefore,in the special context of trial,discourse and interaction construct the multiple roles of the judge,which in turn are restricted by them.