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The Fact’s Authenticity Unclear And The Judicial Acceptability

Posted on:2014-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z M YangFull Text:PDF
GTID:2246330398464922Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Typically, the limitations of human cognitive abilities are not synchronous developedwith the human’s knowledge. In the judicial process, the truth could be confused by manyfactors, including the understanding of subsequent, the fugitiveness of particular case,social obstacle and process complicated, etc. The conventional process is that prosecutorsfind the truth by using a logical recommendation research from results to reason, so thatthe trustless facts normally exist in judicial process. These uncorroborated facts in criminaljudgments could cause serious trouble to judgment. In fact, majority of misjudgementswere occurred by these uncorroborated facts.Only objective logic inference may easily cause to uncorroborated facts. However insome cases, prosecutors may not be able to get the truth by the conventional method.“Truth” and “agreement” are two purpose of public prosecution. In order to avoid unrealfacts, value cost inference will be utilized at this situation. By using value cost inference,make a balance judgment which can be accepted by all the parties involved. Thisacceptable judgment is not only good for avoiding possible escalation of disputes, but alsoleads to jurisdiction be widely accepted in social. Eventually build an ideal legal system. Inthis paper, it will introduce to fact-finding difficulties cases, thus analysis typically cases inthis situation, summarize the optimum solutions, and eventually form a system, which isacceptable in general cases.
Keywords/Search Tags:Fact identify, Authenticity unclear, Judicial acceptability
PDF Full Text Request
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