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Illocutionary and Perlocutionary Acts in Chinese Judge's Attached Discourse

DOI: 10.2478/v10016-007-0009-4

Keywords: Illocutionary act, perlocutionary act, judge, discourse, litigant

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Abstract:

After 2002, courts in China have increasingly been introducing certain judicial reforms, one of them being the improvement of trial language. In these courts, the judges append their comments to the case at the end of their verdicts in writing. The Chinese judge's attached discourses resemble the obiter dicta of judges in Western courts, but there are differences. Since the new element was introduced in some courts in 1998, some doubts have been voiced in strong opposition to the new practice, giving rise to a heated academic debate on the issue. This paper investigates and analyses Chinese judge's attached discourse in terms of discourse analysis categories, such as their usage of illocutionary and perlocutionary acts.

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