The Logic Of Judicial Proof

In judicial practice, especially in criminal cases, for the cognizance of the case facts is the key to the whole judicial activity, either the prosecution or defense that facts must be to do sufficient evidence to support, can only be the parties and participants in the proceedings and the special organs accepted by the participants in the proceedings and recognition. Is to determine the case facts all the premise and foundation of the criminal litigation proof, but the case facts in most cases not prosecutors have witnessed, more will not reproduce by undertaking personnel to meet the needs of the case. With the rise of modern rational doctrine, started by people’s rational. To find out the truth Therefore, formed a principle:must be based on evidence to determine the case facts. Is to determine the case facts a process may appear many mistakes, mistakes that can lead to significant, how can you minimize wrongly, this requires strict judicial proof process, finally to the evidence to the case facts accurate cognizance of the relation between. Using the evidence for this process to determine the case facts can be summarized as the judicial proof, the judicial proof how to achieve real and effective, the first evidence must be real and sufficient, and secondly that process must be reasonable and logical. Both true at the same time, to ensure that the conclusion is reliable and can be accepted. That is to say, in the process of the judicial proof is to ensure the authenticity of the premise, and to ensure the effectiveness of the reasoning.With the concept of judicial proof are presented in this paper, through the concept of evidence and the case facts and the understanding of characteristics, further analyses the logic relation of evidence to the case facts, and in-depth analysis on how to ensure the authenticity of the evidence, judicial proof process are obtained using evidence must reach beyond a reasonable doubt standard to determine the case facts. This paper is mainly divided into the following five parts:The first part is the introduction. In the modern lawsuit, the referee must be established on the basis of litigation evidence, to find the case facts on the basis of the realization of entity justice, have to rely on evidence produced by the case facts itself. With the constant improvement of our criminal lawsuit system, the evidence rules and judging criteria put forward the more strict requirements. Especially in the new criminal procedure law of the evidence rules in more detail and clear. All judicial activities are built around evidence, clear evidence to the case facts relationship has important significance to judicial practice. The second part is the starting point and end-result of judicial proof. This part mainly analyzes the basic concepts of the judicial proof and evidence as a basis to determine the case facts, must first know what is the evidence, and how the relationship between the case facts and evidence, the evidence to prove the case facts (Evidence ability and strength) evidence ability and strength, to the solution of these problems constitute the main content of this part.The third part is the legal certificate of subject, object and standard. One is the main responsibility of judicial proof, will use evidence refers to the process of judicial proof, to determine the case facts prove activities throughout the litigation activities, to prove main body and burden of proof people’s understanding of the different, this article mainly discuss subject of proof in a criminal case, the prosecution in judicial proof shall assume the burden of proof and the cross-examination. Second, judicial proof object, the case facts prove, accurate cognizance of the case facts is the basis and prerequisite for reasonable conclusion. Three is a standard of judicial proof, evidence to the case facts, the connection between the only evidence of qualifications for evidence to prove in judicial proof. Ultimately to achieve what kind of certificate standard is the fact is clear, the author’s view is "beyond a reasonable doubt".The fourth part is the concrete use of beyond a reasonable doubt in judicial proof. Judicial proof is a dynamic process, subject to use evidence to the case facts is evidence of a process of reasoning, to prove. From the perspective of logic analysis, this thought process is the process of reasoning, and is a complex process of reasoning, each of the major premise is an external certificate. How can make the reasoning conclusion is real and effective, is the key to the authenticity of the evidence, beyond a reasonable doubt is based on common sense, experience and logic and a verification of each evidence.The fifth is divided into the conclusion of this article. Reaffirmed this paper mainly discusses the content of this part, and points out the problems, hope that through the joint effort of the whole legal logic science to seek some effective methods to guide the judicial proof process. Able to form a more perfect system of judicial proof, logical thinking can get better using in the judicial practice.