On The Justice In The Construction Of Legal Facts

Justice of legal fact problem is one of the difficulties in judicial activities, the construction of the legal facts need to be the subject of litigation participation, in the confrontation and cooperation in the construction of a piece of" the facts of the case law prospect", asserting the fact of case fact process is the remodeling process, is the legal fact construction process. This paper is divided into six parts to justice in the construction of the legal facts and analyses:The American century by major Simpson murder case introduces the legal fact, fact is " the long-standing and one of the most difficult problems ", and is a problem must be solved. The first chapter based on the fact, legal fact, legal fact construction basic concept and definition of the basic principles of the construction of the legal facts, although the legal fact comes from the fact that broke away from the facts, but the construction of the legal facts and objective facts and no doubt should be normative fact phase coincidence. The second chapter analyzes the basic elements of the construction of the legal facts, legal fact construction cannot leave the reason, experience, logic, system of legal knowledge and legal thinking.The third chapter focuses on the analysis of the construction of the legal facts of the specific processes, this chapter to judge as the center of legal facts construction process, judge through the following three ways to complete the construction of legal facts:one is in fact under the guidance of the seek and find the matching code; two is in the specification of the construction under the guidance of case law fact is fact; three construction and standardize found in round staggered in advance. This chapter of the collegiate system and the system of judicial committee under the legal fact construction, analyzes the logical operation and the judicial referee formation.The fourth chapter analyzes the world universally applicable legal fact finding rules:the principle of evidence judgment and discretion, and further demonstrates the evidence standard, countries in the world generally applicable standard of proof for " inner conviction " and "beyond reasonable doubt ", the applicable standard of proof for " clear facts, evidence, indeed full ".The fifth chapter of the legal facts construction theory research are summarized, the attempt by the legal fact construction, characteristics and rules of the theoretical analysis, for the judicial practice to provide a legal science thought, to judge objectively and provide reference for authenticating legal facts, the trial way reform and provide a theoretical basis.