A Probe Into The Position And Path Of The Fact-finding Of Criminal Cases

Correct identification of facts has always been the focus and difficulty in judicial practice,especially the identification of facts in criminal cases.Because it involves the personal,liberty,and property issues of citizens,it insists on the fact that the facts of the case are clear,the evidence is true,the evidence is true,and the reasonable doubt is excluded.Therefore,the fact finding is full of difficulties and challenges.With the development of society and the progress of civilization,China's litigation model is being transformed from "investigating as the center" to "trial-centered".Under the background of this reform,it is necessary to further clarify the position of fact finding and face the current facts.Identify the problems that arise in order to better implement the system reform requirements of "trial cases centered on court trials,factual evidence investigations in court,conviction and sentencing debates in court,and referee results formed in court".In addition,the facts that have occurred in the past will not be reproduced.In judicial practice,factual determinations are more based on the facts of evidence that have been identified.Although it is difficult to give specific rules and methods for the identification of facts of cases,The path of the fact finding of the case can be roughly drawn.Guided by the basic theory of fact finding,this paper uses a variety of research methods,combined with trial practice,to try to analyze the relevant concepts of legal facts,and to analyze the two "positions" of fact finding in combination with institutional reforms.The specific path identified.Based on the above ideas,this paper is divided into four parts: The first part is the introduction,which mainly explains the research background,the research status,the research methods and the significance of the research.The second part analyzes the legal facts and related concepts.Based on the analysis of the meaning of the facts,the author analyzes the related concepts such as objective facts,evidence facts,legal facts,life facts,case facts,and referee facts involved in the trial practice,and provides basic theoretical support for the research of this paper.The third part combines judicial reform,analyzes the origin,manifestation and malpractice of,discusses the proposal,connotation and institutional guarantee of "trial centralism",and clarifiesthat it should be in the position of "trial centralism" Under the determination of facts,we must also do a good job of guarantees at the level of thoughts,rules and systems,in order to effectively implement the proposition of trial-centrism into practice;the fourth part through the factual identification of the current criminal cases of judges Data analysis summarizes the four ways in which judges can determine facts:Inference,reverse inference,similar control,and gaze round-trip,judge and analyze the problems in each way,on the basis of which descriptively put forward the specific path in the criminal case identification,in order to analyze the path through the analysis Provide certain guidance on the factual identification of criminal cases in trial practice.