On The Relationship Between Criminal Justice And Crime Facts

This article defines the basic concept and substantive characteristics of objective fact and judicial fact with the analysis of their mutual interrelation. Therefore draw a conclusion:criminal fact is the foundation of the judicial fact of criminal. As a matter of the whole to the specification of the facts, the chapter two analysis both the factual requirements to determine a specification and the technological requirements to qualify a fact. On the study of specification of fact, it emphasizes the instrumental features of legal hermeneutics and the obstacles of methodology of explanatory. It focuses on the criminal constitution theory of Chinese criminology that has existed quite a lot of vague and obstacles in specification of facts and Actively promotes crime of adjacency relations to simplify the convictive mode of thinking. On the issue of selection and arrangement of the facts of the crime, this paper introduce from "proper" theory and behavior image and the analysis of criminal facts of processing principle and then deduces the most important behavior image; the extraction of the behavior image is the standard of criminal law and the achievement of criminal law standard role. in that chapter the facts of the crime, this paper firstly discusses the basic principle, proof of facts and analysis the judicial practice, the existing problems of the fact that two law systems will last that proposition in fact comparative study eventually, seeks to judicial facts found path. In this paper, the last chapter of criminal facts and standard paper did a factual analysis which inductively summarized, theoretically discussed criminal facts and facts of a crime and criminal responsibility, the facts of a crime and criminal litigation, criminal facts and the relationship between the criminal policy.Anyhow, criminal facts, crime objective facts, criminal judicial facts... The concept of numerous commentators are not academic worthless to mess up, but the theory of criminal law reflects a higher social value level, to realize a kind of rational truth value of punishment on the foreshadowing road of academic ideas.