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Study On Legal Facts Of Criminal Robbery Crime

Posted on:2014-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2296330425479349Subject:Law of logic
Abstract/Summary:PDF Full Text Request
In recent years, an endless stream of criminal injustices we known, for example, the Dupei wu and Zhao Zuo hai two typical cases cases, we can not help but reflect on: We are inthe process of building a society governed by the rule of law is not too blind pursuit of therate of build and ignored correct way to build these trumped-up trial process, the referee ishow to use the evidence to adjudicate the case? The legitimacy of the evidence itself andevidence and the facts of the case, reasonable connection is not the correct identification? If acountry’s citizens recurrent own legal system relentless damage, then the citizens of thiscountry will be on a country’s existing legal system doubt, fear, and even despair: from theroot up to explore the criminal miscarriages of justice causes, and the use of legal logic andscientific method to solve these problems or effectively circumvent undoubtedly correct andeffective way. Especially in the moment, with the gradual deepening of judicial reform, the"facts" in the important position of status in the field of criminal violence in the trial ofcriminal cases increasingly prominent, and the factual issues in recent years has been the legalcommunity The research focus an important area of legal facts as facts has been moreconcerned about, this article is around research in criminal cases of robbery class legal facts,the judge how effective identification expand. In the legal process of recognition of the factthat, as a judge of the judge, using deductive reasoning, analogical reasoning, a rule of thumband procedures under the system of rules of evidence to the objective facts of the pastoccurred reasoning and legal fact how to restore a complete and accurate facts Originallyphenomenon, is a problem worthy of further study. Reduction subjective level of awarenesswill be inevitable in the restore process to recognize the costs as well as with the relevantsupporting evidence of their own conditions, therefore, the blind pursuit of absolute integrityof objective facts not realistic, but if you use logic and knowledge of legal factualdeterminations to be refined and improved, to ensure that the as complete reduction objectivetruth as possible is ideal regulatory mode. So, in the practice of the judicial trial of the robbery of such cases, the judge’s legal logic level, up to ensure respect for the program on the basis ofreasonable restrictions judge subjective wanton identified, no doubt improve the evidenceobjectively identified system The legal facts Identification play a role in promoting scientificand standardized.
Keywords/Search Tags:Legal facts, legal logic, findings of fact, rules of evidence, freeevaluation of evidence
PDF Full Text Request
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