Shallowly Discuss The Construction Of Encouragement Investigation In China

Cognizing the facts is the process of free evaluation of evidence through inner verdict by ajudge according to a certain regulations, which is the process done by the judge according to thesyllogism taking the law as the major premise and with the case facts as the minor premise.However, the law is abstract and certainly cannot directly be suitable, while the fact is complexedand whether it could be contained by the law is only a possibility. So the judge needs to go throughthe case facts and the law, and then matches the facts with the law.To cognize the case facts as the premise and base of applying the law is very important. As aresult of the limitation of the written law, cognizing the case facts is usually discussed in theevidence system frame, which is a helpless choice according to the reality. But from the request ofthe right procedures, cognizing the case facts is not only pointing to evidences, which is only areasoning method of finding the facts, but also includes many deep-rooted basic theories andexterior system factors such as the status of the free evaluation of evidence, the standards of thetruth, the setting and distribution of the power and the limitations of the free evaluation of evidenceand so on.This article considers that firstly, both the judgments done by the deity in the ancientry andamounting the evidences, but also the prevalently adopted excluding any reasonable suspicions inour country, is one kind of forms of free evaluation of evidence, and secondly from the process offree evaluation of evidence, it is inevitably limited by the exterior system condition and the rules ofcognizance. This article starts with the conception of the case facts, combing the general theories ofcognizing the case facts, emphasizes on discuss the outer system condition and then points outinsufficiency of the system of cognizing the case facts in our country and puts forwards theopinions of improving the system.Since the limited skill of the author and the difficulties of collecting and analyzing thematerials, the author only does the coarse analysis of cognizing the case facts, but hoping for thefurther research in the future and the readers’suggestions on improving this article.