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由于种种原因,判决中的修辞现象曾为人们所忽视、轻视或蔑视,甚至被有意掩盖或消除。然而,随着法律实践和理论思考的深化,判决中的修辞现象及其方法意义越来越引起人们的重视,因为它不仅直接影响到司法三段论的存废,而且最终会影响到对法治之可能性问题的判断。本文以“李庄案”判决书为素材,基于法律方法论立场,对判决证成中的修辞现象及其功能进行了分析、评价和反思。希望能够促使人们正确认识并认真对待修辞这一判决正当化的方式。
Due to various reasons, the rhetorical phenomena in judgments have been neglected, contemptuous or contemptuous by people, and even deliberately concealed or eliminated. However, with the deepening of legal practice and theoretical thinking, the phenomenon of rhetoric in judgments and its methodological significance have drawn more and more attention because it not only directly affects the existence and abolition of judicial syllogism, but also ultimately affects the possibility of the rule of law Judgment of sexual problems. Based on the judgment lawsuit of “Li Zhuang Case” and based on the legal methodology, this article analyzes, evaluates and reflects the rhetorical phenomena and functions of the judgment card. It is hoped that people will be able to promptly understand and take a proper approach to justifying the verdict of rhetoric.