The Findings Of Fact And Prevent Wrong Case Of Lawsuit

In recent years, due to the findings of fact that mistakes in the judicial activitiesof misjudged cases. The fact that error is an important content of misjudged casesoccurred, the findings of fact activities in litigation is the process of judge abductivereasoning primary case facts by evidence materials and come into being heart sure.The factors which affect the findings of fact, the traditional cognitive view of thefindings of fact error, thinking logic method is not appropriate, use of evidence isnot in place,and the judge’s discretionary and so on, any findings of facts that cannot be in dependent of the role of these factors.Due to the judicial practice always influence by the concept of false findings offacts recognized, so that we more walk more wide in the road of pursuit truth. Thefindings of fact that is the center of the lawsuit activity. Based on analysis the natureof the correct understanding of the findings of fact, to explore the findings of factthat the essence, find out the root cause of the error, change wrong view of thefindings of fact, reshape the concept of evidence through the analysis of the field ofevidence, strive to obtain accurate basis that findings of facts. The findings of fact isthe result of the judge inner thought reconstruction, correct guidance of thinking stillneed to the logic of scientific and effective method. Judge as the main body of thefindings of fact, practitioners, can cause the wrong at the same time also can correctmistakes, how to correctly ascertaining the findings of facts depends on the goodguiding role to judge. Below respectively analyze of the findings of fact fromaffecting all aspects and make expectation, which is beneficial to the future study ofthe findings of fact activities, from the source to prevent wrong case.