A Study Of Truth Of Judicial Fact

The main function of judicature is to solve conflicts justly while truth of judicial fact is the precondition of the justice of judicial judgment. The dissertation is to analyze the understanding of truth of judicial fact, the relationship between truth of judicial fact and human's judgment, legal system, and other values in theory. The whole paper that is composed of five chapters covers the general theories of truth of fact, the definition of truth of fact, the standards of truth of fact, the relationship between the elements in forming judicial fact and truth of judicial fact, the relationship between legal values and truth of judicial fact.Chapter One The general theories of truth of fact. Firstly, the author makes a semantic distinction between"fact"and"truth", and points out that"fact"and"truth"are not only concepts in the ontological sense but also concepts in the epistemological sense. In the epistemological sense,"fact"means judgment proposition and"truth of fact"shows that"fact"is concept of judgment proposition of truth and"truth"is attribute of judgment of"fact". On the concrete analysis of the relationship between"truth"and epistemology, the author believes that"truth"only appears when there is a necessity of justification, and further makes an analysis of the theories such as correspondence theory of truth of the justification of truth of fact. In the discussion of the standard of truth, the author examines the ideas of different philosophical approaches on this issue, points out that the standard of truth is the standard of proof of truth in substance, and practice is a means for judgment. And on the basis of using logic positivism for reference, the author...