On Objective Facts And Perceived Facts In The Proof In Litigation

The fact which has been proved is not itself, but the correct understanding of the fact to be proved which has happened and been proved true by the evidence. Whether the fact is the action or event, as long as it has happened, it is the objective fact nobody can deny. After that people prove the past fact, which is only a perceptual process of objective facts, so it is a kind of perceived facts. Making clear of the difference between objective facts and perceived facts in the process of the lawsuit proof will be useful to evidence legislation and judicial activities.This paper is divided into six chapters, as follows:Chapter one, introduction. The fact which has been proven is itself? And whether it is necessary to questioned or re certificate that fact or not? In order to carry on the rational analysis to these questions and get a clear understanding, the author launched the next research.Chapter two, the objective fact and the perceived fact in the perspective of information. In this chapter, the author studies the connotation, basic characteristics and the dialectical relationship between the objective fact and the perceived fact in the perspective of information. It is clear that what is the information? The objective facts and the perceived fact are different, truth or false of the perceived fact and the relationship among information, the objective fact and the perceived fact.Chapter three, the perceived fact and the proof in litigation. First of all, the author studies on the nature of the proof in litigation in foreign countries and concludes that the proof in litigation is a cognition activity between the subjective cognition and the objective facts of the case. And then, we carry on the theoretical analysis on the essence and the basic attribute of the proof of the lawsuit and concluded that the process of the proof in litigation is essentially the perception of the objective facts of the past. At last, the author explains the principle of perceiving the objective fact and the process of perceiving the objective fact in the judicial practice.Chapter four, the objective fact and the realization of the lawsuit proof. It is the inevitable requirement that people correctly perceived the objective fact in the lawsuit proof, because it is helpful to obtain information of those facts, and to clarify the relationship between facts and evidences, and to grasp the evidence fact to draw conclusions.Chapter five, the perceived fact and the judgment of the litigation proof. In the judicial practice, there is true or false about the perceived fact which is obtained in the proof in ligation. The degree of the difference depends on the amount of the information obtained. However objective facts are objective and cannot be changed, so those can be used as a basis for judging whether perceived facts are true or not.Chapter six, the significance of the theory of the objective fact in evidence law. In this part, the author points out the significance of the theory, legislation, judicial guidance of the objective fact, which provides powerful support for the proposed new concept--the perceived fact.