Research On Problems Of Fact-finding Under The View Of Law

In a country under the rule of law in modern era, the fact-finding and the appliance of legal norms are the two important parts of judicial exercise. As the validity of judicial decision is directly depended on the accuracy and justice of the fact-finding, judge's power to find and identify facts is one of the cores of jurisdiction. However, not only the facts in case are complicated per se, the fact-finding is also very difficult. Although the current academic research has paid some attention to the problems of fact-finding, some disadvantages also exit, such as the lack of attention to the problem in legal aspects, the shortage of systematic thought in legal norms about the activity of fact-finding, and the deficit of deeply research in the application of legal norms in the course of fact-finding. Those problems show the theoretical value and the realistic significance of this article.This article may institute an application-oriented research to the problems of fact-finding by methods of semantic analysis, historical review, comparative research, interpretation of criminal law and logic analysis. And the whole thesis contents four parts:The introduction is to stress the realistic necessity of regulating the power of fact-finding which is one of powers from the angle of political philosophy. The shortage of current research is also pointed out on the basis of the importance and the difficulty of the identification of facts.The first section is to analyze the concept of the fact-finding by method of empirical analysis. This part, which uses the method of semantic analysis, analyzed the historical development and the difference between law systems about the mode of fact-finding on the basis of preliminary definition of the concept of fact-finding. The purpose of which is to find the different meanings of the concept of fact-finding from different angles, in a move to deepen the recognition of the activity of fact-finding in law cases.The second section, which uses the methods of comparative research, the interpretation of criminal law and logic analysis, institutes a preliminary analysis about how the three types of legal norms influence the activity of fact-finding. Firstly, the methods of typologic analysis and the interpretation of criminal law are applied to analyze the criminal substantive law's influence on the activity of fact-finding. Secondly, the method of empirical analysis, such as historical review and canonical parse, is applied to analyze how the rule of admissibility influenced the activity of fact-finding. In the end, a comparative systematic analysis is unfolded to study how the rule of the weight of evidence influenced the activity of fact-finding by methods of historical review and canonical parse. The purpose of this part is to put forward the necessity of regulating the activity of fact-finding by analyzing how the three types of legal norms which include criminal substantive law, the rule of admissibility, and the rule of the weight of evidence ,influence the activity of fact-finding.The third section is to institute an practical research on the attractive problems in the actual course of fact-finding. The main purpose of this part, which aims at comprehend the actual course of fact-finding, is to provide technical guide about the activity of fact-finding for the judges.