Write in front
What to say and how to say it
Legal language includes two levels: language content and language form.
In layman's terms, that is? Say what? With what? What did you say?/Sorry? . That is, speaking skills, strategies and art.
Court language questioning skills
The importance of questioning 1
1, daily questioning may not be important, but court questioning is important? Profit or loss, reputation or loss, life or death.
2, the same thing, if asked in different ways, will get a completely different effect.
2 Classification of traditional questions
A. Especially (special) questions
Its syntactic feature is the use of special interrogative words, which are used in English? What? What, how, who, where, when, etc. These interrogative words are used to express the focus of the question and ask the respondents to provide specific information. What's your name? Li Ming.
B. Selection issues
Its characteristic is that the respondent is not required to provide new information, and only two or more items are provided for the listener to choose. In sentence patterns, there are optional words (? what's up 、? Or? ), for example: Did you go on purpose or were you told not to go on purpose? Some people don't choose words, such as: where did you put the knife? Back? In the back pocket of the waist.
C. Ask true or false questions
Different from other questions, it can use body language such as nodding or shaking its head to express affirmative or negative answers. It is a special form of selective questioning, which does not require the respondent to provide new information, but only requires the respondent to confirm the questioning information and give a positive or negative answer. Aren't you afraid of killing people?
D. positive and negative questions
It juxtaposes two items in positive form and negative form, and lets respondents choose one of them. It is a special form of selective questioning, and it does not need the respondent to provide new information. Did you go? No I don't.
E. rhetorical question
It is a rhetorical question, which the consultant asks without doubt and knows. You weren't involved in the murder?
F. Other issues
It consists of two parts, the first part is to make a positive or negative statement about one thing, and the second part is to ask the questioner about the authenticity of this statement. It is a question of right and wrong, and the respondent is not required to provide new information. You stabbed me in the back with a knife, didn't you?
G. Ask questions
It's a rhetorical question. It's a question of asking yourself and answering yourself. Why did he get off midway? Why didn't he buy a knife? Because although he is intentional subjectively, he has stopped committing crimes objectively.
3 Standard questions and non-standard questions
1. The main function of asking questions is to ask for responses, answers and information.
2. Standard questions can reflect the main functions of questions and are the main types of questions, including specific questions, selective questions, positive and negative questions, true and false questions and additional questions; Non-standard questions used in rhetoric, also known as rhetorical questions, include rhetorical questions and rhetorical questions.
4 Open questions and closed questions
1, open-ended questioning refers to asking questions to provide respondents with a large choice and a lot of information. In particular, the questions are all open questions. Open-ended questions are divided into narrow open-ended questions and broad open-ended questions. Narrow open-ended questions require specific information, short answers, and general words or short sentences. Is there anything in the question? Who is it? 、? Who (where)? 、? Which one? 、? Where (where)? 、? When (when)? 、? How many (several)? Interrogative words Such as: what nationality Han nationality. Open-ended questions are asked in a wide range, and respondents are free to express their views. It is difficult to express this answer in one word or phrase. Why (why)? 、? How (how)? 、? What? Interrogative words Why did you kill him? No money to use. It happened that the three of us played cards together all morning and felt bored. We wanted to make some money, so we went to the market to buy a knife and rented a taxi. The car drove into the forest and we killed him and took his money. What happened afterwards?
2. Closed-ended questioning means that asking questions limits the scope of answers, and the choice of answers is not endless. The answer can only be chosen from two mutually exclusive options: yes and no, agree and disagree, right and wrong. In addition to specific questions and rhetorical questions, it also includes right and wrong questions, positive and negative questions and additional questions.
5 Problems and Information Degree
1. Judging from the amount of information required, the questions can be arranged in descending order: (1) wide topic; (2) Narrow open-ended questions; (3) choose to ask questions; (4) positive and negative questions; (5) Generally speaking, it must be a question of right and wrong; (6) generally deny the question of right and wrong, such as you didn't go yesterday? ; (7) Is the statement true or false, if you didn't go yesterday? ; (8) Additional questions.
2. The more information you need to ask questions, the less power you have over the respondents; On the contrary, the less information you need to ask questions, the greater your influence on the respondents.
6 the dominant position of questioning
1, the principle of dialogue and cooperation put forward by philosopher Grice (1): (a) You can provide as much information as you need (to meet the current communication purpose); (b) Don't provide more information than you need. (2) Quality principle: Don't say what you believe is false; Don't say anything without enough evidence.
(3) Relevance criterion: make it relevant.
(4) Modality criteria: (a) Ambiguity should be avoided; (b) Avoid ambiguous words; Be concise (avoid unnecessary verbosity); Organized.
2. The question itself restricts or controls the respondent, but the control power of different questions is different and the degree of freedom given to the respondent is also different. Open-ended questions give respondents a lot of freedom; Closed-ended questions have relatively strong control over respondents, which limits their freedom of control.
3. In an open-ended question, the wider the content of the question, the less the questioner knows, the greater the questioner's dependence on the respondent, the more freedom he gives the respondent, and the less power he has over the respondent. On the contrary, the more specific the content of the question, the more the questioner knows, the less the questioner depends on the respondent, the less freedom he gives the respondent, and the greater the control he has over the respondent.
4. In closed questioning, different questioning powers are different. According to the order of the dominant forces from strong to weak, the order of questions is: (1) additional questions; (2) Is the statement true or false, if you didn't go yesterday? ; (3) generally deny the question of right and wrong, such as you didn't go yesterday? ; (4) Generally speaking, it must be a question of right and wrong; (5) positive and negative questions; (6) choose to ask questions; (7) Narrow open-ended questions; (8) Open questions.
7 degree of doubt and doubt
1, the degree of doubt is different for different problems. According to the degree of doubt, the order from high to low is:
(1) ask questions widely; (2) true or false questions; (3) Positive and negative questions and selective questions; (4) additional questions; (5) Non-standard questions (rhetorical questions).
2. In Chinese, the degree of doubt has a certain relationship with interrogative words. ? Really? Question ratio? Right? Strong.
3. An overview of the relationship between question form, question degree, information degree, leading and inducing:
(1) The more information feedback, the greater the degree of doubt; The less information you ask for, the less questions you have.
(2) The greater the degree of doubt, the smaller the power to the respondent, and the greater the freedom given to the respondent; ask
The smaller the degree of doubt, the greater the power to the respondent, and the smaller the freedom given to the respondent;
(3) Open questioning requires more information, more doubt and less control; Closed questioning requires less information, less questioning and more control;
(4) Closed questions are inductive, while open questions are inductive.
4. When the questioner doesn't want to control the other party, but wants the other party to talk more and provide more information, he should use more open-ended questions; When the questioner wants to control the other person and let the other person walk less by the nose, he should use more closed questions.
8 the function of asking questions
1. The functional expression of questioning refers to what people can do and achieve by asking questions.
2. British philosopher Austin? Speech act? According to the theory, speech is also behavior, and any speech act has intention and purpose. Asking questions is a speech act.
3, the role of questions:
(1) Asking: Ask questions if you have any questions.
(2) marvel: in the form of negative questions, it plays an amazing role in order to get the speaker's approval. He is really tall, isn't he? !
(3) modification: it appears in the form of a question and plays a declarative role. If it is an affirmative sentence, it means a strong negative meaning; If it is a negative sentence, it means a strong positive meaning. Isn't this a reason for despair? !
(4) Suggestions: Make suggestions in the form of questions. How about doing that now?
(5) Recognition: The purpose is to long for the recognition of the other party and accept one's own words or actions. You can't say that, can you?
(6) Offer: used to seek the listener's acceptance of what is offered, often expressed by general questions. How about a cup of tea?
(7) Allow: Allow to do something, expressed in general questions. May I read your letter?
4. The function of court questioning
(1) Asking;
(2) Description or requirements;
(3) ridicule;
(4) reprimand;
(5) Criticism (accusation)
Court language answering skills
I. Basic theory
1, the answer must refer to the question, because there is no answer without the question. The pragmatic features of answering the questions to be referred to, that is, the speech act features.
2, the British philosopher Austin "How to do things by words and deeds" (1962)? Speech act theory? . He thinks speaking is an act. A person utters a word and performs three actions at the same time: (1)? Sounds, words, etc. Made by illocutionary acts; (2)? The intention and power of illocutionary act is instruction; (3)? The influence, effect or purpose of illocutionary act on the listener.
3. The reference of questioning should start from two levels: (1) The illocutionary force of questioning? Intention, or function; (2) The language level of questioning? Proposition. The allegation of the question is first of all the illocutionary level of the question, that is, whether the question is in doubt or not, whether to ask for information.
4. Typical questions (unmarked questions)? Asking questions about information; Atypical questions (marked questions)? Other types of questions.
5. Answering behavior can be divided into answering typical questions and responding to atypical questions.
Second, the answers to typical questions
1, when the question is a typical question, the illocutionary act (propositional act) of the question should be considered next, that is, whether the answer is aimed at the question. Accordingly, the answer to the question is called? Answer? ; Call it a question that doesn't aim at the problem? Coping? .
2. Typical question and answer can be divided into reply and reply. The response belongs to the desirable and expected behavior, and there is no mark; It is marked to handle unexpected and unexpected behavior.
3. Response behavior can be divided into direct response and indirect response.
Third, coping behavior.
1. Coping behavior can be divided into antagonistic type, evasive type, helpless type, questioning type and kicking back type.
2. Antagonism? Not powerless, not willing. The defendant openly challenged that he would not provide information.
3. Avoidance type? In order to avoid his sharpness, he. Although the answer provides information, the information provided has nothing to do with the question. There are two kinds of avoidance: intentional avoidance and unintentional avoidance. Intentional avoidance is knowing but not answering, and unintentional avoidance is caused by objective reasons such as not understanding or not listening to the question clearly.
4. powerless? I have to be unwilling and helpless. Respondents are unable to answer and provide information. Like what? Don't you know? 、? Can't remember? The use of this word is usually accompanied by explanation.
5. Question type? There are differences in words. The respondent questioned the wrong or preset proposition of the question.
6. rebate type? Answer a fool according to his stupidity. Respondents still give questions to each other or ask them similar questions.
Fourth, response behavior.
1, direct answer: a direct and literal answer, also called a positive answer.
2. From the formal point of view (that is, from the information point of view), direct response can be divided into standard type and additional type.
(1) standard? No more, no less, just right, which is the standard answer.
(2) additional type? Extra addition, supply exceeds demand.
3. According to the degree of recognition and responsibility of the respondents to the answer information and propositions, they are divided into four types: belonging to others, belonging to themselves, conditional and reserved (vague).
(1) belongs to other types? It's not my fault. Keep yourself sane and use it often. He said? 、? Do you hear me? Give a leading answer.
(2) Return to your own type? I am responsible for what I say, that is, the respondent is responsible for the source and authenticity of the answer.
(3) Conditional? If the conditions are met, that is, there are additional conditions before or in the answer.
(4) reservation (fuzzy type)? Be careful what you say and do, leaving a way out, including all kinds of ways and means to weaken the recognition and responsibility of the answer information, also known as evasive language and vague language. Just like the answer said, right? 、? Maybe? The use of words like this.
4. Indirect response can be divided into circuitous and suggestive ways.
(1) detour: it is a detour, and no direct answer is given.
(2) Implication: We need to know the answer of meaning through reasoning.
Verb (abbreviation of verb) abstract
1, asking and answering are both a strategy, a skill and a rhetoric.
2, judicial personnel should first understand the types and characteristics of the answer, and then consider the appropriateness, rationality, legitimacy and acceptability of the answer.
3. When asked about the leading role in the court trial question and answer, the answer is often passive. But the answer is also a goal-oriented choice. The strategies and skills of answering are how to make the answer produce the most favorable contextual effect for yourself (or yourself) rather than your opponent, and at the same time make the other party feel that you have adhered to the cooperative principle of answering as much as possible in the case of conflicts of purpose and interests between the two sides (see Grice's article "Answer and Logic"); Under the condition that both sides of the question and answer have the same or neutral purpose, the answer will produce the best contextual effect that is conducive to achieving the same purpose or the interests of both sides. Specifically: first, knowing means knowing, and not knowing means not knowing. When you really don't know the answer to the question, seek truth from facts. A weak answer? . This is also a principle stipulated by law. Second, when the questioner's purpose is inconsistent or conflicting with yours, or the purpose of asking questions is unfavorable to you, use the responsive answer first, and then consider using the indirect response. Third, when the questioner is consistent with his own purpose, when the question is beneficial to him, try to provide cooperation and try to adopt standard response behavior.
4. In the case that the question is reasonable and legal, from a strategic point of view, the answer is to see how the respondent can get rid of the shackles of the question, how to avoid being led by the nose by the question, how to make the answer not to make himself guilty, or show the reaction of the answer and the initiative of the respondent through the question. Therefore, how to break through the limitation and domination of asking questions is a highly skilled problem.
Experience:
( 1)? The form is mine, but the content is not mine? Classic answer. It is this thing that is both mine and not mine. Doing so throws the problem to the other side.
(2) Don't answer the question directly first? Isn't it? Question, but explain why. Doing so can weaken the negative effects brought by positive answers.
(3) Listen before you answer. Don't make a statement in a hurry, let others make a statement before answering, the initiative is in your own hands.
5. When the questioner asks several questions at a time, the answering strategy should follow the following principles: (1) Proximity principle? The most recent priority answer; (2) Tail weight principle? The last one is the most important, so give priority to the answer; (3) memory principle? Remember the clearest answer first. However, in the trial, the principles that should be followed for multiple series of questions are: (1) Give priority to the most favorable question (or just answer this question); (2) Give priority to the question that is the easiest to answer (or just answer this question); (3) Give priority to the question that hurts you the least (or just answer this question).
First, by default
1, presupposition: It was originally a concept in philosophy. It is a concept between pragmatic category and semantic category in linguistics. Breach of contract has broad and narrow definitions. The broad definition holds that presupposition is the premise of speaking. According to the different approvers of this prerequisite (speaker, listener and both parties), strict definition can be divided into two types. One is,? Presupposition is what the speaker thinks is true (or exists) before speaking the speech act, or propositional presupposition is the speaker's presupposition; The other one is,? Presupposition is something that needs the listener's approval. Proposition presupposition is not only set by the speaker, but also needs the listener's approval. Presupposition is something that both sides agree on.
2. Jean Stilwell Persey believes that presupposition is the inference of what is considered to be true in discourse.
3. Presupposition is the background information that can be deduced from speech act. Its meaning is derived by reasoning.
Second, the words, structures or ways that lead to presupposition reasoning.
1. Presupposition trigger: Some components or structures in discourse can trigger people's reasoning or association with presupposition, and these components or structures are called presupposition triggers.
2. Presupposition and questioning skills (all questions contain presupposition, and the methods and information of presupposition are different for different questions. )
(1) True or false question: Its purpose is to ask the other party to confirm the proposition of the question, but the question also conveys a binary setting. Its preset mechanism is one of two possibilities.
(2) Choosing questions: While asking the other party to make a choice, it also conveys a binary setting. Its preset mechanism is one of two possibilities.
(3) Positive and negative questions: Its preset mechanism is exactly the same as binary choice questions and yes-no questions. Its preset mechanism is one of two possibilities.
(4) Specific questions: The actions or behaviors behind the interrogative words are usually set.
3. Preface (an important mechanism to convey preset propositions) refers to the preparation or introduction that the speaker said before expressing the main propositions or information.
4. Adverbial: an auxiliary component in a sentence that conveys a known proposition or information.
5. Attributive: It can also convey preset propositions.
6. Words: Words themselves have presuppositions. There are two kinds: verbs expressing facts, such as? Regret? ; Verbs indicating state changes, such as? Stop? ), a word for repetitive behavior.
7. stress the sentence: for example? Did he steal the wallet? .
8. Comparative structure: For example? You are taller than me and have more strength to pry the door? .
9. Virtual conditional sentences: often contrary to the real situation.
Third, the important functions and functions of presupposition.
1, persuasion
2. Induction
3. Trap: Answers often only focus on the focus information, that is, the question point of the question, but often ignore the presupposition of the question, which is easy to be fooled by the questioner and fall into the trap.
First, understand who you are talking to: the purpose of speeches and debates is to persuade and convince the other party to admire; Persuade the judge to accept your statement. Remember: In China court, the speech should be addressed to the judge, the collegial panel, not the audience.
Second, be good at using silence. ? Like other public speeches, the beginning of the court speech is of great significance. As we have said, the beginning of a speech should be novel and unique, with distinctive personality. Don't rush to give a speech! After you get the right to speak, you should stand up from your seat and be silent for a while. The silence before the speech played a great role, because in these few seconds, the audience got to know the speaker and formed a preliminary impression on him. In addition, in the silence before the speech, the speaker began to make eye contact with the audience. Finally, silence before a speech helps to calm your mood. ?
Third, convince people with emotional language. Love has two meanings. First, prosecutors or lawyers should devote themselves wholeheartedly to the cases they have taken over and the views they want to discuss, and they should have true feelings; The second is to appeal to each other's feelings at the same time in court.
Fourth, make the language lifelike. The language of court should be solemn, but the language of speech should be as vivid as possible.
Fifth, emphasize the key points through repetition. ? A lie repeated a hundred times will become the truth? .
Sixth, make good use of metaphors.
Seven, be good at grasping the rhythm.
Eight, be sure to control your emotions.
Nine, use a strong language style.
1. Language styles can be divided into strong type and weak type. The language features of powerless style are:
(1) uses a lot of evasive words and uncertain language;
(2) words expressing hesitation;
(3) interrogative intonation (rising tone when answering questions, indicating uncertainty);
(4) reinforcement;
(5) Habitual and unnecessary repetition;
(6) The sentence is incomplete.
2. Lawyers should try to avoid using it too much when giving speeches, debating or answering in court? This? 、? That? 、? Huh? 、? Huh? 、? I think? 、? I think? Words like that. These things are court hypnosis and spoilers.
The more likely it is to lose, the more powerful the style language should be.
Ten, good at using rhetorical language.