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On Evidence And Factual Inference

Posted on:2009-01-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:G WangFull Text:PDF
GTID:1116360272983873Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the fundamental theories of evidence law,some key words like Evidence,Fact,Ability of Evidence,Relevancy,Concept of the Litigious Truth and Testimony Criteria,can not be thoroughly explained within common legal methodology in that these words involve formal,practical and valuable meaning.In order to research more deeply,a new method should be used here,which is legal logic.This thesis consists seven parts,including a introduction of the methodology of legal logic,especially the notion of factual inference,and a conclusion.The main content includes:Chapter 1 deals with Fact by defining it and illustrating the relationship between Fact and Law,Fact and the Fact of Case.Major innovations:an all-round summing-up of Fact;the notion of Model of Fact;etc.Chapter 2 deals with Evidence,focusing on its nature,then draws the conclusion that Evidence belongs to Fact,and tells us how Decisive Judging Evidences come into being.Major innovations:an all-round summing-up of Evidence;the notion of Chain of Evidences;etc.Chapter 3 is on Ability of Evidence.By the means of valve-involved reasoning,the structure that how ability forms or loses is given to us.Major innovations:Formal-Essential Value and Inherent-Revised Value take the place of Internal-External Value;etc. Chapter 4 is on Relevancy,by introducing three kinds of legal logical methods.In addition,the problem that how these methods come true in practise is also discussed.Major innovations:the formalization of Relevancy in law;etc.Chapter 5 is on Concept of the Litigious Truth and Testimony Criteria.By giving an overall view of the main theories in this area,a scientific standard is set forth,to evaluate concepts or criteria reasonable or not.Major innovations:View of Limited Truth;the quality-quantity standard.Furthermore,some charts and cases are given to demonstrate necessary messages.Maybe you can feel easily that how the author wants to put these abstract theories into practice around us.
Keywords/Search Tags:evidence, fact, the factual, inference, formal/practical/value-involved reasoning
PDF Full Text Request
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