On The Question Of Fact, In The Administration Of Justice

Adjudicative facts mean the judgments or presumptions made by the trier of fact about the objective facts concerning the case,on the basis of the evidences,through the procedure. From the viewpoint of procedural law,adjudicative facts are the facts filtered through procedural rules;from the viewpoint of evidence,adjudicative facts are the facts reproduced according to the evidence rule on the basis of the objective facts;from the viewpoint of substantive law,adjudicative facts are the facts trimmed according to substantive rules.The objective facts have no the question about truth or falsehood,just concern the question of being or not being. If the objective facts have to be judged by truth or falsehood,then the truth or falsehood only means being or not being. Exactly in this sense,we consider the objective facts as some absolute facts similar to the being-in-itself. The adjudicative fact is different from the objective fact,is only a relative fact,and concerns the question of the truth or falsehood. No matter what an important role the subjective factor plays during the procedure of the finding of the adjudicative facts,the adjudicative facts must be determined on the basis of the objective evidentiary facts. The truth or falsehood about the adjudicative fact must be judged upon the matching relation of the adjudicative facts and the objective facts.The finding of the adjudicative facts is affected by a couple of factors. On one hand,the adjudicative facts must be matched with the objective facts (the facts on the human life or the facts on nature);On the other hand,the adjudicative facts must be matched with the normative facts. If the adjudicative fact doesn't match with the objective fact,the adjudicative fact as a factual statement is false statement;If the adjudicative fact doesn't match with the normative fact,the adjudicative fact is just a meaningless statement in the domain of law even though the factual statement matches with the objective fact and is true statement,and can not be used as the basis of the coming into being,changing and terminating of the relationships of the right and liability. In the judicial practice,the question of the matching between the adjudicative facts and objective facts as well as the question of the matching between the adjudicative facts and normative facts must be solved at the same time.In the law circle,some scholars who uphold the objective truth doctrine unilaterally emphasize the complete matching between the adjudicative facts and the objective facts,meanwhile some others who insist the legal truth doctrine unilaterally emphasize the matching between the adjudicative facts and the normative facts. Actually,the objective truth doctrine and the legal truth doctrine aren't mutually antagonistic on the same question about the adjudicative fact theory,because the matching between the adjudicative facts and the objective facts points to the question of the truth or falsehood about the adjudicative facts,meanwhile the matching between the adjudicative facts and normative facts points to the question of the legitimacy of the adjudicative facts;In the final analysis,The question of the truth or false about adjudicative facts is a question of factual judgment about what it is,at the same time,the question of the legitimacy of the adjudicative facts is a question of value judgment about -what it ought to be.The matching between the adjudicative facts and the objective facts,and the matching between the adjudicative facts and the normative facts can be integrated. The principle of taking facts as the basis and the law as criterion generalizes the confrontational unity nicely. The fore half statement of the principle sets up the truthof the adjudicative facts on the basis of the objective facts,the rear half statement of the principle deals with the legitimacy of the adjudicative facts,and the two sides are equally important. On one hand,the legitimacy of the adjudicative facts should put the truth of the adjudicative facts as the basis,and the matching betw...