Research On The Method Of Trial Of Ultimate Facts

The Ultimate facts is the biggest problem for judges.The dislocation of judges and parties to the facts stems from the difference of two dimensions: one is the relevance,whether it can be attributed to the essential facts;the second is the authenticity,whether it can be proved.Using these two to construct a coordinate system,clearly describe the four spaces in the court,and then derive the three evolutionary modes of the court facts including life facts,essential facts,and legal facts.Adhere to the perspective of court trial and referee integration,rely on the logic of judgment,grasp the law of justice,and describe the idea of "three-stage" trial and referee integration: the first paragraph to find the normative basis,the fixed premise;the second paragraph to identify the facts,determine the small Premise;the third paragraph captures legal facts and draws conclusions.As the basic logic of legal reasoning,the judicial syllogism provides an outline for the judge to determine the facts and apply the law.The legal relationship qualitative law,the claim right basic law and the historical method are the referee methods proposed by the substantive law scholars.They provide guidance for the judge's practical work from the perspective of civil law hermeneutics.The law of essential judgment is the intellectual resources provided by procedural law scholars and the procedural jurisprudence they study for the advancement of the contemporary rule of law.This is the mission and responsibility of our generation.In addition to the introduction and conclusion,this article is divided into four parts.The first part expounds the five main methods of judging in the current academic circles:judicial syllogism,historical methods,legal relationship qualitative methods,claims method,and nine-step method of essential judgment.Each type of refereeing method has its own internal logical structure,and its functions and focuses are also different.The second part mainly discusses the realistic foundation of the construction of the method of important documents trial,namely the necessity.Due to the limitation of the traditional civil judgment method and the fact that the nine-step method of requirement judgment has been "shelved" in practice,the emergence of requirement judgment method has been given birth to.The traditional civil judgment method,because of its "neglect" of the fact cognition process before the law application stage,causes the judge to have the deviation in the fact determination process.Based on the analysis of four types of factual cognitive biases,this part puts forward the evaluation criteria of "relevance" and "authenticity" of factual cognition.The third part is mainly to construct the theoretical framework of the elementary judgment law under the standards of "relevance" and "authenticity".The legal logic,the essential fact theory,the proof responsibility and the proof standard are the theoretical basis of this framework.At the same time,this part clarifies that the scientific method of judging is not a choice relationship of one or the other,but should be a mutual cooperation and a cooperative relationship.The fourth part is about the demonstration of the specific operation guideline of the requirements trial law.According to the three-stage structure,it sorts out the main points of the trial method of the essentials and selects a case of housing sales contract disputes as the material for the interactive analysis of the above-mentioned key points.It is hoped that the demonstration process of this case can clarify the thinking logic of the important elements of the trial method and provide thinking and reference for the trial practice.