The Study Of The Fact Uncertainty In The Criminal Judicial Trial

The problem of fact uncertainty in criminal cases has been a difficult problem in the judicial trial of all the countries ruled by law since ancient times.With the development of the society,the criminal offense is more and more diversified and complicated,the trial evidence from the initial testimony and simple evidence,the development of the pattern of coexistence of multiple evidence,criminal cases are more difficult to determine the facts.In 2014,the party's 18-ninth plenary meeting adopted the decision of the CPC Central Committee on a number of major issues concerning the overall advancement of the rule of law,and explicitly put forward the reform of the lawsuit system centering on justice.The new judicial reform clearly requires that facts should be established on the basis of evidence,the most prominent is to play the role of trial in the process of determining the facts of the case.These have put forward the new request to our traditional lawsuit system,need to the evidence legality,the rationality carries on the comprehensive falsification.All this requires a corresponding reform of the standard of evidence and the process of quality certification.Although there are some corresponding rules and regulations in the criminal judicial trial in our country,the legal provisions in the past are too simple and not embodied as the guiding ideology of the trial,and there is no systematic regulation.So it is still difficult to meet the increasing case pressure and the request of the judicial system reform.Therefore,this force us to constantly improve the existing system,so that it can better play the role of discovering the facts of the case,improve the judicial efficiency,the pursuit of judicial justice.In this context,the problem of factual uncertainty is the main line.The first part of the article is the introduction,mainly includes this topic research present situation,the method and the significance,the second part introduced the fact uncertainty to the judicial justice harm.The third part introduces the difference between the case trial and the history study and the scientific research.Part IV introduces the reform of the judicial system caused by the fact uncertainty in the United States,including jury system and illegal evidence exclusion,there are also new changes in Germany and Japan,and finally settled in our judicial practice of the existing systems,such as mandatory witness to appear in court,illegal evidence exclusion,juror system,etc.,to reveal the reform of the system behind the common pursuit of value is--to discover the facts of the case,Perfect the rules of the trial,and finally put forward some ideas and suggestions for perfecting these systems.