Research On The Principle Of Evidence Judgment In Criminal Procedure

It is one of the main characteristics of contemporary criminal litigation to follow the principle of evidence judgment in factual activities.Although the principle of evidence judgment is not clearly stipulated in the Criminal Procedure Law of our country,the principle is embodied in normative documents such as judicial interpretation and becomes an important link in the trial-centered litigation system reform.It can be said,whether in theory or in judicial practice,the principle of evidence judgment has become an important issue cannot be ignored.The first chapter mainly elaborates the meaning and content of the principle of evidence judgment.In the first section,based on explaining the meaning of the principle of evidence judgment,the development of the principle of evidence judgment in the two legal systems is studied from the perspective of rationalism,and the contents related to"evidence judgment" in ancient Chinese legal system are introduced.The second part analyzes the meaning of the principle of evidence judgment from the two dimensions of value theory and epistemology.On the basis of procedural justice,the principle of evidence judgment is based on the concept of procedural justice,emphasizing the legitimacy of the method and means.On the epistemology,the principle of evidence judgment is limited by human cognitive ability,and the change of human cognition determines the evidence the depth and breadth of the principle.In the third section,the author discusses the contents of the principle of evidence judgment and puts forward two kinds of interpretation schemes:The formal aspect of the principle of evidence judgment and the substantive aspect of the principle of evidence judgment.With the continuous improvement of human cognitive ability,the contents of the principle of evidence judgment should be from the formal aspect to the substantive aspect of the development.The fourth section discusses the relationship between the principle of evidence judgment and the principle of free evidence.The second chapter analyzes the principle of evidence judgment from the concept level.The first section mainly discusses the epistemological basis of the principle of evidence judgment,which examines the principle of evidence judgment from the source of cognition and the criterion of cognition.From the point of view of cognition,the principle of evidence judgment is both the content of rationalism and empiricism.From the point of view of cognition,the principle of evidence judgment presupposes a philosophical basis of knowledge.From the cognitive test standard,the rules of inspection should be set on the basis of the underlying coherence.The second section mainly analyzes the value basis of the principle of evidence judgment,which examines the value of the principle of evidence from the aspects of fair value,efficiency value,law stability and the possibility of national prediction.The third part elaborates on the choice of the concept of the evidence referee,it points out that the acceptability of the referee determines the choice of the value concept,and the current cognitive ability determines the choice of evidence refereeing mode.In addition,the legal policy,social morality norms has an impact on the concept of the principle of evidence judgment.The third chapter investigates the method of the principle of evidence judgment in operation.In the first section,the connotation of the principle of evidence judgment is investigated from the more abstract perspective.With reference to the theory of jurisprudence,the field of evidence should be based on the concept of "abstract system"and "interpretation system" as the main part,and the concept,hypothesis and model of the evidence reunification should be used to construct a unified and complete methodological system.The second and third sections introduce the relevant evidence models involved in the evidence judgment.The second part introduces the evidence inference model,mainly focuses on how to infer the evidence from the evidence material,respectively,introduced the icon model,evidence demonstration model,story description model and mixed model;Section ? describes the judgment model,mainly focusing on how the judge to form a judgment,respectively,introduced the probability theory model,algebraic model and stochastic model.The fourth section discusses the influence and significance of the models in the evidence referee on the principle of evidence judgment and the practice of evidence referee.The fourth chapter discusses the system and procedure of the principle of evidence judgment in operation.The first section mainly discusses the internal system of evidence judgment,namely criminal evidence system and judicial certificate system.The former is mainly from the form of evidence and evidence,the evidence attribute,the evidence ability rule to elaborate;the latter from the proof object system,the proof responsibility system,the proof standard system to elaborate three aspects.The second section is from the perspective of external procedures,mainly to discuss the main trial system,the trial system,the system of appeal.The third part discusses the application of the models in evidence referee in practice.They not only provide a process control tool for evidence refereeing activities,but also provide useful tools for the improvement of judicial system.For the principle of evidence judgment,evidence models can provide a mirror for the theoretical reflection.The fifth chapter mainly discusses the realization of the principle of evidence judgment in our country.Based on the contents of the second,third and fourth chapters,the first section analyzes the characteristics of the principle of evidence judgment in our country from three aspects of concept,technology and system.The second part uses the analysis framework of concept,technology and system,which are respectively elaborated from three aspects:simplification of proof,confirming model of evidence and New Statutory doctrine of evidence.The third part discusses how to implement the principle of evidence judgment.First of all,it analyzes the concept of evidence referee which should be established in China from the ideological level,and then analyzes the application of the method of modeling in the principle of evidence referee.After confirming the concept and method,this part elaborates the system guarantee of implementing the principle of evidence judgment from the system aspect,Including:the implementation of the trial-centered litigation system to ensure that the rules of evidence to strengthen the operability,coordination of judicial interpretation and case guidance system and so on.Chapter 6 focuses on the improvement of science and human cognitive ability,and discusses the influence of judicial big data,artificial intelligence and law on the principle of evidence judgment.