From The Perspective Of Logical Investigation Into Legal Facts

The legal facts play an important role in the criminal prosecutions in China,and it's also the logical starting point of the judicial activities.The correct identification of legal facts leads to the objectivity and authenticity of the judicial activities,which is conducive to deepening the investigation into the application of the law and legal reasoning and so on,and is also conducive to reducing the injustice and then achieving substantive justice.In additional,it will help to maintain the fair and equitable of the judicial trial,and ultimately achieve legal equity and justice.As legal facts is a subclass of the facts,in order to understand legal facts,we must understand facts at first.Wittgenstein has made a systematic and detailed discussion on facts based on logic in his Tractatus Logico-Philosophicus,and distinguished the concept of things,state of affairs and facts.Additional,he also has clarified the relation between facts and world.Therefore,only followed this way can we analyze legal facts exactly based on his theory.Based on the theory of logic,the present article defined the legal facts from the perspective of logic.Legal facts should be the same as facts,and it is a true statement about the case,but the case is not clearly presented in front of the judiciary,but in the form of evidence into their sight.All facts that prove the true circumstances of a case are evidence,therefore the evidence is also a fact,which is sound and abundant.A single evidence is not the whole of the legal facts,so the recognition of legal facts not only rely on evidence but also rely on the logical reasoning rules.Logic is just a method,it is not mandatory,thus it is necessary that we should apply a mandatory legal system and legal procedures to protect the fact-finding,therefore we can ensure its legitimacy.After a theoretical analysis of the legal facts,we then illustrated the importance of logic in recognizing the legal facts correctly by discussing the damage of a specific case which violated law of logic.Through the logical analysis of the facts of “Du Peiwu Case”,it is clear that the cause of the injustice is complicated.Some mistakes are originally of the current social development and can not be avoided at the moment,thus it is not realistic to prevent the occurrence of injustice.In contrast,what caused the most of injustice is man-made,which both active and passive.However,these mistakes can be reduced by much more better system.some suggests to reduce the occurrence of injustice.We can solve the problem which unavoidable current by developing science and technology.What's more,the problem which is man-made can be solved by limiting the behavior of man by a mandatory legal system.In a word,we can reduce the occurrence of injustice by strengthening the system construction and improving the lawyers' quality.The main contents of this dissertation are as follows.Chapter 1,we discuss the concept of facts based on the relationship among things,state of affairs and facts,and then make a distinction among them.We also discuss the relationship between facts and proposition,and explains the relationship between atomic proposition and compound proposition with the theory of modern logic.Any compound proposition can be broken down into an atomic proposition about its constituent parts.The atomic proposition corresponds to the atomic facts,which can determine whether the compound proposition is true or not.Chapter 2,we research legal facts from a logical point of view.In this way,we can define the legal facts as a statement which is the same as the facts.What's more,we have analysed the basis of legal facts is evidence,and the law of logic and legal norm is the thinking and procedure assurance of legal facts respectively.The three basic properties of the evidence determine that it is reliable and sufficient and ensure the authenticity of the evidence.The logic rule guarantees the consistency of thinking in the process of reasoning in order to avoiding mistakes and legal norm requires that facts must be determined within the law.Additional,we analyze the characteristics of legal facts.Chapter 3,we investigated the theory of legal facts from the perspective of logic.The legal facts is obtained from the premise of evidence,and it is a logical deduction process to get the true conclusion from the true premises.The determination of legal facts is based on the theory of "truth",the subject of which is the judge,and the system and procedure guarantee that we can identify facts correctly.From the "Du Peiwu case" point of view,the problems that appear in the process of fact identification is mainly focus on evidence collection and review and so on,but these problems can be reduced through system construction.Chapter 4,we discuss the system construction based on the identification of legal facts.The true and false evidence is guaranteed by legal system and due process.In order to guarantee that the conclusion we obtained is true,we should attach importance to the construction of evidence,procedure and the logical quality of judicial functionary to ensure the authenticity of the premise of evidence.