法官为何难以应对涉诉舆论——一个传播修辞学的进路
发布时间：2018-11-20 07:41
【摘要】：公众对案件的感知基本上依赖媒体。媒体获得公众信任,首先得益于媒体基本发声一致;而从宏观历史视角考察,这与我们的认知传统不无联系,即地理形态上的广袤无际,以及现实世界"一统天下"的长期存在一定程度上造就了我们对同一声音的需要。另外,还得益于媒体迎合受众认知路径的"讲故事"的叙事修辞技巧,以及媒体相对于法院的某些立场和技术优势。而互联网时代的"窗帘陷阱""筛网模式",以及法官缺乏有效的修辞技艺使得法官应对涉诉舆论捉襟见肘。可能的出路则包括促进媒体之间相互竞争、批评,鼓励事后报道,树立"建构性修辞"观,精准传播,以及维护法官隐私,克服"窗帘幻觉"等。
[Abstract]:The public's perception of the case is largely dependent on the media. The media gain the public trust, first benefit from the media basic voice is consistent; From the perspective of macroscopic history, this is not without connection with our cognitive tradition, that is, the vast expanses in geographical form and the long-term existence of "dominating the whole world" in the real world, to a certain extent, bring up our need for the same voice. In addition, it also benefits from the narrative rhetorical skills of "storytelling" which caters to the cognitive path of the audience, as well as some positions and technical advantages of the media in relation to the court. In the internet age, the "curtain trap" and "screen pattern", as well as the lack of effective rhetorical skills of judges, make the judges overstretched in dealing with the public opinion involved in litigation. The possible solutions include promoting competition among the media, criticizing each other, encouraging post-report, establishing a "constructive rhetoric" view, accurate communication, maintaining the privacy of judges, overcoming "curtain illusion" and so on.
【作者单位】： 上海交通大学凯原法学院;
【分类号】：D926.2
，
本文编号：2344285
[Abstract]:The public's perception of the case is largely dependent on the media. The media gain the public trust, first benefit from the media basic voice is consistent; From the perspective of macroscopic history, this is not without connection with our cognitive tradition, that is, the vast expanses in geographical form and the long-term existence of "dominating the whole world" in the real world, to a certain extent, bring up our need for the same voice. In addition, it also benefits from the narrative rhetorical skills of "storytelling" which caters to the cognitive path of the audience, as well as some positions and technical advantages of the media in relation to the court. In the internet age, the "curtain trap" and "screen pattern", as well as the lack of effective rhetorical skills of judges, make the judges overstretched in dealing with the public opinion involved in litigation. The possible solutions include promoting competition among the media, criticizing each other, encouraging post-report, establishing a "constructive rhetoric" view, accurate communication, maintaining the privacy of judges, overcoming "curtain illusion" and so on.
【作者单位】： 上海交通大学凯原法学院;
【分类号】：D926.2
，
本文编号：2344285
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