A Study On Narrative Theory Of Fact Construction In Criminal Trial

In a criminal case,the criminal suspect or the public prosecutor will file a lawsuit to the court,asking the defendant to bear criminal responsibility.Criminal proceedings begin with the narration of the victim or the public prosecutor.In criminal trial,both parties cognize objective events through evidence and use language to describe the facts they cognize.Witnesses will describe what they have seen and felt by recalling and recognizing the event.As the judge of the case,after hearing the narration of both parties and witnesses and the final statement of the defendant,the judge,as the judge of the case,forms the identification of the event and makes a judgment according to the corresponding laws.The whole process of litigation is a narrative process,both oral narrative and written narrative;There is both integral narration and cross narration.There is both rational narration and perceptual narration.Criminal trial narrative as a general development and extension of the existing literature on the narrative features,for example,the events of refactoring,general narrative of the basic structure and the basic mode,etc.,and difference characteristics of narrative literature,for example,the narrative structure of stratification,trial context of conditionality and trial narrative of the unity of opposites,etc.The uniqueness of trial narration determines that the study of trial narration can inject fresh blood into the general narrative theory and expand the research scope of narrative theory.Narration is ubiquitous in court proceedings and has multi-level structural features,which is an important factor in the reconstruction of facts.The good and bad narration of both parties affects not only the judge’s conviction and sentencing,but also the acceptability of the audience.Therefore,narrative methods and strategies are particularly important in the trial.The reasonable use of narrative strategy can make facts more credible,and the correct use of narrative mode can make judgments more reasonable on the basis of legality.In addition,the narration in criminal trial is not disordered and irregular,but needs to follow certain principles and standards.In particular,the narration by judges based on the law can convince the audience.The key lies in the consistency,comprehensiveness,uniqueness,feasibility,conciseness and thematic clarity of the narration.Generally speaking,the focus of people’s attention in the trial is the review of evidence,the compliance with the law and the application,but they ignore the formation process from evidence to the fact of the case,that is,the process of fact construction.The study of this process is conducive to providing a new perspective for the construction of case facts,improving the ability of judges to handle cases and the persuasiveness of judgments.What happened has become history,and it is impossible to fully reveal the truth of the event.While the judge pursues the truth of the case in criminal trial,he should also strengthen the pursuit of the acceptability of the trial result.Criminal justice activities are not the process of pursuing objective and pure rationality,but the process of "negotiation" through language rationality(not the meaning of negotiation,but the process of final judgment by the judge based on the debate between both parties and the concern of the society for the case).The process of reaching agreement.While pursuing the objectivity of facts,judges should not ignore the acceptability of facts.The pursuit of facts requires the unity of formal rationality and substantive rationality,as well as the unity of legal effect and social effect.