Concerning The Legal Fact And Perfect

"On the facts in determining the status of the field or trial, this issue, together with its ancient Greeks, on the nature and practice a sharp distinction was put forward, it has been debated. But now, when the nature and practice seems to have ceased to be pure reality and seems to have more and more things we need to know when the status of the fact that the study of law has become a focus of concern of a show. "legal fact is a fact that an important area, but also the judge in the administration of justice make a discretionary case basis. Law judge finds that the facts require, that based on legal norms and the known facts of the case situation,Comprehensive use of the rules of evidence, logical reasoning, rule of thumb, the value of other methods to measure events that have occurred back in reasoning. The purpose of the law recognized the fact that the resurgence has taken place to restore the facts of the case. But the legal process of recognition of the facts found by the costs, determined by rational, value judgments and cognitive abilities and prove their own circumstances in terms of evidence of the constraints, can not completely restore the objective facts clearly and accurately, therefore, the judges of the law findings of fact can only be a legal reality, objective truth can not be guaranteed. "In old days can not be restored, which is so right about the pastThe assumption that proposition is difficult to confirm or falsify "Therefore," to litigation, is completely convinced that it is impossible to reproduce in the past. "Although the practice of law in judicial findings of fact more or less deviate from the objective truth, but the judiciary itself, the fact that the task is based on the law as the yardstick, comprehensive and accurate as possible the reduction of the objective truth, therefore, in the field of administration of justice To perfect the legal findings of fact, that is, respect for procedural fairness and improve the cognitive abilities of judges, judges of the abuse of power constraints and establish evidence of pre-trial review system, follow the principle of the direct words, cross-examination, improve the certification system and the reasons for the sentence of evidence-open system.