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独特的中华法文化和文言载体孕育了瑰丽多姿的古代判词,古代判词始终没有脱离语言的礼法结合、以礼代法的伦理化、文学化和情感化的修辞特点。清末民初,随着西方法律词语的输入和逻辑性表达方式的借鉴,判决修辞发生重大变化:判决语汇的专业化和判词语篇理性思维的增强,极大推动了判决修辞由传统情理型向现代规范型的理性转型。至此,中国判词继唐宋之后出现了一次质的变化。
The unique Chinese legal culture and the classical language carrier have given birth to the magnificent and varied ancient court verdicts. The ancient court verdict has never been separated from the etiquette of the language, with the ethical, literary and emotional rhetorical features of the litigation representative law. At the end of the Qing Dynasty and the beginning of the Republic of China, with the input of western legal words and the reference of logical expression, there were significant changes in the ruling rhetoric: the specialization of the ruling vocabulary and the rational thinking of the verdict of the ruling verbs promoted the decision rhetoric from the traditional type The Rational Transformation of Modern Norms. At this point, the Chinese verdict after the Tang and Song appeared a qualitative change.