The Rationality Of Fact Finding Research

The fact finding is the basic issue in the judge. The rationality of the fact finding decide the rationality of the judgment. During rebuild the judicial authority, to research the rationality of fact finding has both great academic meaning and practical meaning.In history, the rationality of fact finding underwent a process from Authority Worshiping to Rational Worshiping. In period of the 'system of divinity evidence', people depended on the 'evidence of God' to find fact. The authority of God was the rationality of the fact finding. In period of 'system of legal evidence', the legislation regulated the weight of proof of the evidence, judge had free right of discretion. The dogmatism of law was the rationality of the fact finding. After bourgeois revolution, Doctrine evaluation of evidence replaced the legal evidence became new mode of proof. Under this mode, inner conviction of judge had become more important and became the rationality of the fact finding.In our country, Marxist jurisprudence is the guidance theory. According to this theory, the fact is external, the judge's cognition must depend on the objective fact, and the objective fact also is standard of the proof. The 'objective truth' and 'legal truth' are both established on this theory. But the objective fact just exists in history, only has ontological meaning, can not become the rationality of the fact finding.Under discretional evaluation of evidence, the process of fact finding is more worth while be forced. The instrumentalism stimatal mode should be replaced by due procedure as the rationality of the fact finding. In evidence law field, the due procedure should be composed of rational demand of proof, modern principle of proof and scientific rule of evidence.