On The Evidence And Facts

The paper is focused on the judge's decision on the facts of the case by use of evidence, mainly discusses the connection between evidence and facts during the course of judgment, and following the course of litigation awareness, the logic order of living facts, case facts, and judging facts, appraises the formation, role and influence of evidence during the course. In the litigation participated by different litigation parties, the parties should prove that the case facts brought up by themselves are true, and the judge should draw such conclusions that the facts brought up by the parties are true basing upon the adopted evidence—judging facts. In such an interactive litigation awareness course, the evidence should become the bridge between the parties' subjective case facts and the judge's subjectively-judged judging facts. Then, with the combination of the subjective judicial awareness course and the objective content loaded by the evidence, the judging outcome should carry on the characteristics of both certainty and relativity. So the above-mentioned means that, the course of judging the facts by evidence is by itself a historical awareness under the specific social awareness background, and it contains inevitable erroneousness; in order to reduce such erroneousness, regulating such awareness activity by laws, and giving judgment legitimacy is a feasible method; also, with people's up-grading awareness ability and increasingly developing legal systems, the distance between judging facts and living facts will surely be shortened day by day, thus the judging facts and objective facts can be more and more similar.The paper is divided into six chapters:Chapter I : The Facts in the Judgment.This chapter starts from "facts", clarifies the differences between the facts in judgment and the living facts, and then defines the case facts and the judging facts; and then, it exposes the theoretical basis by use of evidence from the following viewpoint of Dialectic Materialism Epistemological theory, Rational Judgment and the choice and balance of Legal Pluralistic Values.Chapter II: Case Facts: the Proving Object.This chapter mainly focuses on the case facts as the proving object of evidence. The parties, as the activator of the litigation, bring up the depicted case facts while bringing up the litigation, and prove it by use of evidence in the later litigation course, in order to get the judgment outcome in favor of themselves. In this sense, the case facts brought up by the parties are just the object needed proving in the litigation. This chapter analyzes the nature and classification of case facts, and also inspects the case facts both in the civil case and criminal case.Chapter III: One Basis of Facts Discovery: Attribute Analysis of the Evidence.The chapter first points out the key role of evidence in the course of discovering the facts in modern judicial activities, and then analyzes the relationship between the evidence and facts. And then, it analyzes the attributes of evidence from static standpoint, criticizes the disadvantages of traditional evidence "three characteristics", and also brings up the viewpoint that the proving edge and evidence capacity should...