On The Evolution Of Concept Of The Litigious Truth And It's Significance

In the activities of an action, the single aim and the solitary goal of the judge is to protect the legal rights and to resolve the interests dispute which happens among the parties or happens between the parties and the state. It is self-evident that the realization of these litigious goals depends on an important basis—the merits of a case (the facts). So, finding out the truth and trying to reappear the truth of the case that really happened before is almost the common goal that every litigious system and judicial activities try to pursue. In this proceeding, a series of theoretic cognition, which people form in the litigation, such as the view, the idea and the cognitive method on the merits of a case is the concept of the litigious truth. This article discusses the historical forms, the main characters, and the course of the development, the regular pattern and the enlightenment of the concept of the litigious truth. It gives a special emphasis on the analyzing and illustrating the two kinds of the concept of the truth—the concept of the objective truth and the concept of the legal truth. And then it tentatively expounds and inquires into the litigious meaning of the concept of the litigious truth. The first chapter expounds the meaning of the concept of the litigious truth in general. The concept of the litigious truth is the feeling, the realization, the idea and the concept on the litigious truth, which are formed in the long-period judicial practice. And its central meaning is the understanding and the acceptance of the people on the "true litigious situation" that does exists in the reality. This concept is summarized from the litigious practice and is the crystallization of the cognitive level and the practical experience of a period; meantime, once this concept is formed, it will give a counter effect to the litigious practice. It will justify the true litigious situation in the practice and make all the litigious subjects and social public to accept the litigious judgment. The "truth" in the litigation includes two levels of discourse: first, the relationship between the litigious evidences and the objective merits of a case, which involves the cognitive problem in the litigation; second, the relationship between the litigious judgment and the merits of a case, that is, whether the judgment is solely and lawfully based on the merits of a case. And this level of discourse involves the value and the goal of the rules of the litigation. The litigious truth is the reappearance of the normal concept of truth in the area of the litigation and it is a unity of the ontology, the epistemology and the value judgment in the litigious activities. The concept of the litigious truth generally includes three components: the justifying request, the justifying pattern and the justifying standard of the litigation. The relationship among the three can be defined like this: the justifying request is the aim, the justifying pattern is the means and the justifying standard reflects to what degree that the aim is realized. The meaning of the litigious truth for the trial is: it provides a kind of judgment standard for the trial and makes the litigious activities in the light of the basic truth; it provides the final source for the justification of the judgment and only the true judicial judgment can be accepted by people finally. The litigious truth is the true state in certain circumstances, and this special state is named "the time and the space of the litigation", which includes the value of the litigation, the facts of the litigious law, time and other elements. In the second part of this chapter, it puts a special emphasis on the meaning of the time for the litigious institution, such as the normal meaning of the time limit of the litigation and the trial period. And the more important meaning of the time for the litigious institution lies in the affects of time on the fair value, that is to say, as the time passes by, the people will gradually accept the fairness of the judgment and lessen the "truth" pressure...