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Taking Bo Xilai's Bribery Crime As an Example

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Taking Bo Xilai's Bribery Crime As an Example ISSN 1923-0176 [Print] Studies in Sociology of Science ISSN 1923-0184 [Online] Vol. 5, No. 3, 2014, pp. 118-123 www.cscanada.net DOI: 10.3968/5302 www.cscanada.org A Cognitive Analysis of Crime: Taking Bo Xilai’s Bribery Crime as an Example ZHANG Chenquan[a],* [a]Guangdong University of Education, Guangzhou, China. Bo denied the bribery charge in court, arguing that he had *Corresponding author. no knowledge of what his wife and son had done, there Received 15 March 2014; accepted 18 July 2014 was no special relationship between him and the bribers 2 Published online 27 August 2014 and he had never used his power to help the bribers. The following is a cognitive analysis of Bo’s bribery Abstract crime charged in the judgment of the first instance by the In the judgment of the first instance for Bo Xilai’s case, Intermediate People’s Court of Jinan. the space-builder “The court herein believes…”activates a conceptual integration network of criminal judgment, 1. CONCEPTUAL INTEGRATION which involves four mental spaces: two input spaces, the generic space and the blended space. Its cognitive NETWORK OF CRIMINAL JUDGMENT outcome is the blended space, in which the core content ACTIVATED BY “THE COURT HEREIN is: Bo Xilai is convicted of bribery and sentenced to life imprisonment as well as life deprivation of political rights BELIEVES…” and confiscation of all personal property. The cognitive The court herein believes that the defenfant’s act has constituted analysis of this conceptual integration network justifies the crime of bribery with the justification of the facts that Bo that the defendant`s act constitutes a bribery crime. Xilai as a civil servant, took advantage of his position to seek Bribery crime; Frame; Mental space; benefits for others, directly receiving bribes from Tang Xiaolin, Key words: not only fully knew his family members had accepted Xu Conceptual blending 3 Ming’s bribes, but also approved of what they had done… Zhang, C. Q. (2014). A Cognitive Analysis of Crime: From the perspective of cognitive linguistics, “The court Taking Bo Xilai’s Bribery Crime as an Example. Studies herein believes.” is a space-builder (Zhang, 2010, pp.33- in Sociology of Science, 5(3), 118-123. Available from: URL: 39), which activates a network of conceptual integration http://www.cscanada.net/index.php/sss/article/view/5302 DOI: http://dx.doi.org/10.3968/5302 for bribery criminal judgment, as illustrated by Figure 1. Criminal judgment is the conclusion made by the court on the basis of criminal law and testified facts and evidences about whether the accused has committed a INTRODUCTION crime and to be penalized or not, as well as what the crime and penalty should be. Its logical structure is a syllogism, The Intermediate People’s Court of Jinan rules that the Bo whose components are the major premise (legal rules), Xilai’s acts constitute crimes of bribery, embezzlement minor premise (facts of the case) and the conclusion and power abuse, which should receive combined of the judgment. From the perspective of cognition, punishment for several crimes, “sentenced Bo Xilai to life the judgment conclusion is the outcome of conceptual imprisonment as well as life deprivation of political rights blending, which has been compressed into being by the and confiscation of all personal property”.1 Meanwhile, 2wqcyx.zfwlxt.com 1The criminal judgment of the first instance for Bo’s case by the 3The criminal judgment of the first instance for Bo’s case by the Intermediate People’s Court of Jinan (2013), China. Intermediate People’s Court of Jinan (2013), China. Copyright © Canadian Research & Development Center of Sciences and Cultures 118 ZHANG Chenquan (2014). Studies in Sociology of Science, 5(3), 118-123 Input space1(space of facts) Generic space (space of bribery crime) Input space2 (space of testimony) Agent: Prosecutor; the accused; defender and witness. Acts: The prosecutor’s presence in court to support Agent: Bribee and briber Agent: Government staff member prosecution; the accused’s defense for himself; the Act: To take bribes Acts: To take advantage of one’s position to defender`s appearing in court to justify the defendant; Subjective elements: To be fully seek benefits for others and take bribes the witness’ testifying. aware or to approve of Subjective elements: To do it intentionally Patient: Bill of indictment; defending opinion; verbal evidence; documentary evidence and physical evidence. ↓ Cross-Space Mapping →Identity ← (Compressed) ↓ Blended space Agent: The court Act: To judge Patient: Emergent structure (the judgment) Figure 1 Conceptual Integration Network of Criminal Judgment Activated by “The Court Herein Believes…” Space of Major Premise and the Space of Minor Premise. of the accused’s self-defense and the defender’s opinion (Zhang, 2010, pp.33-39) In Figure1, Generic Space is the have failed to be projected into Blended Space. The Space of Major Premise while Input Space 1 and 2 are emerging structure of the blended space from the process included in the Space of Minor Premise, and the emergent of “composition” is a debate on the problem of being structure of the blended space is the conclusion of the guilty or not between the prosecution and the defense as judgment. Abstract structures shared by Input Space 1 and well as a confrontation in court between the defendant and 2, which form the general structures, are in Generic Space. the witnesses. Meanwhile, the structure emerged from the These general structures and the particular structures process of “completion” is a face-to-face debate between selectively projected by the two input spaces as well as the the two sides, who disagreed sharply with each other. emergent structure newly established by Blended Space When in court, the defendant Bo Xilai said, “Tang Xiaolin itself through “elaboration” are all in Blended Space. (Li, is a cheater, he is always accusing others irresponsibly”, 2008, p.184) As far as Figure1 is concerned, the abstract “Gu Kailai’s verbal evidence is very ridiculous. She structure shared by both Input Space1 and 2—role of compared herself to Jingke (a famous assassinator in Qin identity “Government staff member” is in Generic Space. Dynasty of ancient China) after she committed a murder, In Input Space2, the prosecutor is lawfully responsible she is mad”. Besides, Bo also considered Wang Lijun’s to prove that the accused is staff member of the Chinese verbal evidence to be bullshit. In response to this, the government, or the charged bribery crime is groundless in prosecutor pointed out clearly that Bo was attempting to this case. The particular structures selectively projected reduce the reliability of the verbal evidence by defaming into Blended Space by Input Space1 are the bribers (Tang the witness’ moral quality. The judge interrupted Bo Xiaolin and Xu Ming) and their bribes. In Input Space2, timely when he denounced the prosecutors for degrading the particular structures are as follows: Bill of indictment; his family reputation. This frame of confrontation in court defending opinion; verbal evidence; documentary enriches the blended space in which a debating scene of evidence and physical evidence, etc.. Input Space1 has ask-answer-refute begins to take shape consequently. The the elements of bribee, briber and bribes. In Input Space2, process of elaboration is manifested by the affirmation of however, the bribee has become the accused while the the Bo’s bribery crime in the written criminal judgment by briber and the bribes have respectively been changed into Jinan`s Intermediate People’s Court (2013). witness and physical evidence. Generic Space has the following abstract concepts: Government staff member; to take advantage of one’s position; to seek benefits for 2. THE ELABORATING ANALYSIS OF others and receive bribes, etc.. There is a cross-space WHY THE ACCUSED IS CHARGED WITH mapping between Bo Xilai and Tang Xiaolin & Xu Ming, between the bribee’s identity as government staff member BRIBERY CRIME and the briber’s role as witness, as well as between the According to Fauconnier & Tunner, the process of prosecutor`s indictment and the defender’s opinion etc.. elaboration is considered to be operating in a highly Elements of the input spaces enter Blended Space through dynamic mode through “modeling” or “running”. Events selective projection, such as the bribee as a government recognized and construed in the blended space are staff member, most of the Bill of indictment, some of the psychologically showing themselves up on by one, whose defending opinion and the verbal evidence. However, most correctness and consistency are continuously checked 119 Copyright © Canadian Research & Development Center of Sciences and Cultures A Cognitive Analysis of Crime: Taking Bo Xilai’s Bribery Crime as an Example just like computer program.(Ungerer & Schmid, 2006) The properties through acts of bribery. In case of soliciting primary events concerning Bo’s bribery crime are as follows: property, the accused shall be convicted of bribery crime From 2000 to 2012, Bo Xilai alone, or with his wife Gu as long as he has taken advantage of his position even kailai and his son Bo Guagua, took bribes from Tang Xiaolin if he has never sought benefits for others. Meanwhile, and Xu Ming, which is worth an amount of ￥2179000.0587.4 those taking bribes would be convicted only under the These construed bribery events are also the main content condition of seeking benefits for others. Such kind of act of Input Space 1(Space of Facts), whose authenticity needs is done intentionally and advantages of one`s position to be verified in Input Space 2 (Space of Testimony). The has been used. (Zhang, 2011, pp.1064-1071) The Generic operation of the whole integration is led by the court and Space in Figure1 consists of the above information.
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