On The Theory Of The Relativity Of Substantive Truth

By reflecting on the shortcomings of the theoretical model of the theory of substantive truth which is insisted by the general theory of criminal proceedings in our country,we can learn from the change of the relevant concept in the theory of criminal proceedings of civil law and common law.It is necessary for our country to abandon the theory of substantive truth and adhere to the theory of the relativity of substantive truth.The theory of the relativity of substantive truth,as a theoretical model of the theory of substantive truth,refers to the fact thatduring a trial,judges need to find out the truth which is basis facts of the case by authority;and need not to find out the truth which is non-basic facts of the case by authority,these non-basic facts can be find out by the transaction between agreement between two parties,by the confession in exchange for the penalty exemptions or applicable options for the relevant procedures.The theoretical model of the theory of the relativity of substantive truth is not simply array by the theoretical model of the theory of substantive truth and the theoretical model of the theory of relativity truth,but assembled by the theoretical model of the theory of substantive truth and the theoretical model of the theory of relativity truth.As an analogy,the theoretical model of the theory of substantive truth is the "seed";the theoretical model of the theory of relativity truth is the "soil" and the theoretical model of the theory of the relativity of substantive truth is the " Flowers".From the perspective of criminal legislation,criminal justice,criminal proceedings and the criminal legislation concept in our country,we find that,at present,criminal litigation in our country is the theoretical model of the theory of substantive truth.However,there are many drawbacks in the theoretical model of the theory of substantive truth.First,the theoretical model of the theory of substantive truth will up the the centrism of criminal investigators and down the centrism of trial,the conviction rate is high.Second,the theoretical model of the theory of substantive truth will lead to a great waste of judicial resources.Third,the theoretical model of the theory of substantive truth will cause a large number of illegal evidence,which is not conducive to protect defendant's rights and the upgrade thecredibility of judicial.Fourth,the theoretical model of the theory of substantive truth will strengthen the system of authoritarianism and interrogation,so that the suspects,the defendants completely becomeinterrogees,and which is not conducive to establishing the rules to exclude the illegal evidence in china's criminal proceedings.Therefore,it is necessary to rethink and perfectthe theoretical model of the theory of substantive truth.By comparisons of civil law and common law,we can easily find that,at present,the concepts and relevant concepts of criminal proceedings of both civil law and common law is never stop changing.In the past,the concepts and relevant concepts of criminal proceedings of Germany is consistent adherence to the theoretical model of the theory of substantive truth,but now it turns to insist the theoretical model of the theory of the relativity of substantive truth.In the past,the concepts and relevant concepts of criminal proceedings of Britain and America also began to pay attention to the basic facts,and also turns to the theoretical model of the theory of the relativity of substantive truth.Therefore,it is necessary for us to consider the trend of "civil law translated into common law" and the "common law translated into civil law",which is beneficial to the development of criminal legislation,criminal justice,criminal proceedings and the criminal legislation concept in our country.The typical example of the "common law translated into civil law" is the system of guilty plea in the United States.It is important to emphasize that the system of guilty plea is not exactly the same as the traditional form of truthism.On the other hand,the typical example of "civil law translated into common law" is the German consensual process.However,although the guilty plea system or agreement procedure are not completed perfect,both of them is still have long way to go.Adhere to the theory of the relativity of substantive truth has a number of advantages.At first,the theory of the relativity of substantive truth is conducive to the development of the process of diversion and to increase of efficiency,saving judicial resources,improve judicial efficiency,reduce the pressure on investigators.Second,the theory of the relativity of substantive truth it is good for the disclosure of the background behind the verdict,to prevent the trade chamber.Thirdly,it is conducive to the advancement of criminal proceedings.Fourth,it helps to avoid secondary injury to litigation participants.Therefore,at present,in the judicial practice of China's criminal procedure law,the theoretical model of the theory of the relativity of substantive truth is a new theoretical model,which provides us with a more realistic and alternative path.