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Evidence Explanation And Evidence Reasoning In Criminal Proceedings

Posted on:2015-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:X HuangFull Text:PDF
GTID:2296330467954334Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Evidence explanation and reasoning is the fact inference widely used in criminaljustice proceedings. It is an inference about the qualification of the evidence materialitself as well as between evidences can support each other, its conclusion is probable.Evidence explanation is a fact inference whether the evidence materials have evidencequalification. Evidence explanation is a fact inference that interpreted as the premiseof evidence reasoning, it through the multiple evidences to form the complete chain ofreasoning, and the conclusion is finally proved the fact. Compared with otherreasoning, it has specific context, process retrospective, conclusion probability, etc.Evidence explanation and reasoning throughout the criminal justice process,examination and certification and certificate of proof in the process of interpretation isinseparable from the study. There are few scholars focus on evidence explanation andreasoning. The author will attempt to have a detailed exploration and analysis aboutthe theory, hoping to provide a relatively perfect theory for our evidence using incriminal. In this article, the text is divided into four parts:The first part is summarized the cause of evidence explanation and reasoningtheory. The paper summarized the causes of criminal misjudged cases--the reasons ofevidence and the reasons of non evidence. Through the analysis of the specific caseconcluded that in the judicial practice in our country the evidence analysis andinference problems is the fundamental cause of frequent occurrence of criminal misjudged cases. Especially the evidence flaws and defects, it motivates people toreflect on the deficiencies and the direction of evidence theory.The second part is mainly exploring the theory value in evidence study andpractice significance in China’s criminal trial of the evidence explanation andreasoning research. Further research of the theory help us to finding out the truth,protecting the criminal justice, promoting to build the wrong case prevention systemand misjudged cases relief mechanism. And helpful to our evidence analysis of civilproceeding and administrative proceeding.The third part mainly aims at the background and origin research of evidenceexplanation and reasoning. Related to the meaning of evidence, the meaning of facts,the meaning of the facts of the case, the relationship between the facts of the case withevidence explanation and reasoning,the relationship between fact inference withevidence explanation and reasoning, how to infer the case facts and the history ofevidence explanation and reasoning, etc.The fourth part using of two chapters to analysis the theory of evidenceexplanation and reasoning. This is the focus and innovation of this paper. In the fourthchapter and the fifth chapter in detail. Including the definition of evidence explanation,necessity, action and its standard. The legitimacy as the premise, introduce its fourspecification. The definition of evidence reasoning, necessity, action and its mainforms (Linear type inference chain, convergence type inference chain, divergent typeinference chain and composite type inference chain)combined with the specific case,etc.It is promoting theoretical study of evidence and providing a scientific evidenceanalysis system For our criminal justice. From a theoretical perspective on finding theway of how to perfect the judicial system and evidence analysis system of China.There are a lot aspects of the theory research, this article only choose therepresentative and practical significance of information to analysis.
Keywords/Search Tags:Evidence, Evidence explanation, Evidence reasoning, The fact inference
PDF Full Text Request
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