A Study On The Process Of Identifying The Fact Of Criminal Cases

The issue of fact cases is known as "Goldbach conjecture" in evidence law,which is the most controversial issue in lawsuit,the trial must "take seriously fact".However,the facts of the case are not presented automatically,it is a complicated experience and thinking process.The fact-finding of a case is so crucial during the trial,although judicial practice,legal research and legal education at domestic and overseas have also ignored the determination of facts of the case in different degree,on the stage of studying fact of the case,generally,more attention is paid to the certification of evidence and the evidence certification as the determination of the cases fact in a certain extent,thus,it ignores the research on the independent process from evidence certification to case facts,as a result,a large amount of study only focus on the nature of case facts,construction and evidence review judgement or logic reasoning.The determination of fact is the judge who pass the legal procedure,in the proof,interrogation and attestation of the three parties involved in the premise of proving the facts of the case,the process of independently analyzing,proving and sorting out the facts of the case from the certification evidence.In order to reveal the law of case fact determination,this article takes the criminal trial judge practice operation as the angle of view,the research focuses on the process from evidence "certification" to fact"identification",and for the trial practice experience and law of case fact determination summarized.According to the law of realize,which from the evidence authentication to the case fact determination process,including the course of thinking inference and external fixation.Thinking process,it is the process that judges evaluate the evidence freely and form the confidence of heart evidence;the external fixation process is the content is sure of judge's thinking,and externalizing for a process of outside perception of the facts of the case.Thinking process is intangible,only externalization can be perceived,therefore,the thinking process of the judge must be externalized and fixed,and it must be carried out in a supervised and verifiable carrier.For the interpretation of the above ideas,this paper from the following aspects:About the angle of demonstration.To research the ascertainment of facts in case,the process of ascertaining the facts of case,identification law,identification methods and identification behaviors cannot be avoided.Therefore,this article summarizes the process,internal laws and method of case fact recognition in trial practice,putting forward the rational externalization process which from evidence to the fact how to "leap".It includes:the process of dispute determination and difference determination,the process of correspondence analysis of evidence judgement,the process of questioning to eliminate reasonable doubt and prevent misrecognition,the process of externalization and fixation from evidence to fact,and breaking through the theoretical and practical circle on the fact finding of the lack of the research.About the logical relations.Firstly,the judge determines through the objection,finds out the disputed facts of both sides,and finds out the difference between the facts of accusation and the evidence;then according to the principle of evidence judgement,the correspondence between facts and evidence is analyzed to demonstrate,demonstrating the correspondence between evidence and facts,then the corresponding analysis of the admissible evidence and the preliminary confirmation of the facts to reflect and question tests,finally,the case facts are externalized and fixed into norms according to the generalization and narrative methods.The above process is not a separate stage,but a fusion process,not a single flow pattern,but a cyclic process.About the research content.The ascertainment of facts of a case is inseparable from the ascertainment process,which includes four parts:determination of objection,analysis of correspondence,examination of challenge and external fixation.Four parts are not only four process,but also four methods?The determination of objection means that the adjudicator determines the disputed facts between the prosecution and the defense,and takes the initiative to find the inconsistency between the facts of the accusation and the evidence,so as to accurately determine the defects in the focus of the case and the evidence.Evidence is the basis of fact identification.Correspondence analysis refers to the process of analyzing the correspondence between authentication evidence and authentication facts,between disputed facts and controversial evidence,and between facts to be proved and authentication evidence.According to the principle of evidence judgment,this paper demonstrates the idea of proving fragmentary facts with single evidence analysis,proving partial facts with combined evidence,and proving the whole case facts with comprehensive evidence with practical samples.In order to ensure the veracity of the ascertainment of facts,the verification procedure of the ascertainment of facts must be established.Therefore,questioning is the critical test of the fact identification,aiming to raise doubts about the evidence and facts on the basis of corresponding analysis,eliminate the existing doubts,and finally confirm the fact of the case process.Case facts must be externalized and fixed by a certain carrier to form intuitive written case facts.Therefore,in the trial practice,the judge fixed the facts of the case through the internal carrier trial report and the external carrier judgment document.When externalizing and fixing the facts of a case,the facts of a case are arranged into normative judgment facts by means of generalization and narration.The determination of case facts is carried out in a limited time,space and norms.Therefore,to ensure that the facts identified in the case conform to the objective facts to the maximum extent,the judge should follow certain identification rules to reflect or reproduce the truth.The purpose of the research on the determination of facts in cases is to summarize and standardize the existing judicial skills and laws,so as to prevent the arbitrariness and willfulness of the judges in the determination of facts,and ultimately prevent the occurrence of unjust,false and wrong cases.