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Rational Analysis Of Case Facts “Unknown Authenticity” Cognition

Posted on:2019-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhongFull Text:PDF
GTID:2416330545973064Subject:Procedural Law
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The limitations of human cognitive ability,the one-dimensional nature of time,the limitation of evidence and other objective factors have made it impossible to present the facts of the past cases in front of the judge.System of the judge discretion on the case after hearing the emergence of the inevitable fact that three kinds of states,that is something is actually a "true",the truth is "false" and case facts“unknown authenticity” three states,case facts“unknown authenticity” as the fact that the grey zone is also the case facts that will inevitably occur,the major premise of the traditional syllogism can only deal with minor premise in accordance with the referee mode,that is the case facts for the "true" and "false",when the case facts“unknown authenticity” referee syllogism can't play its role.In response to this situation,the German scholar Rosenberg suggested that when the case is case facts “ unknown authenticity”,the judge should appeal to the criterion of proof of responsibility.The introduction of Rosenberg theory has had a profound influence on the theory research and practice.Recently,some scholars have written about the necessity and necessity of the existence of case facts“unknown authenticity”.In this paper,the author argues that scholars have raised doubts and even negation of case facts“unknown authenticity”through four aspects,namely,comparative law,doctrine level,legislative level and practice level.This paper starts with the basic cognition of case facts “ unknown authenticity”,so as to have a relatively comprehensive understanding of case facts“ unknown authenticity ”.Furthermore,the reasons and preconditions for the emergence of case facts“unknown authenticity” are analyzed,and the inevitability of case facts“unknown authenticity” appears in the process of the identification of the case.Recombing scholars to question the viewpoint of case facts “ unknown authenticity”,the point of clear dispute;Then,in response to the question of scholars,it forms a discussion of case facts“unknown authenticity”;Finally,the method of disposal in the case of case facts“unknown authenticity” is discussed in order to give some help to the judicial practice.
Keywords/Search Tags:Unknown Authenticity, Burden of Proof, Adversary System, Free evaluation of evidence
PDF Full Text Request
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