Logical Analysis Of Criminal Evidence Reasoning

Last year,China's Supreme People's Court announced white paper,"Court of Judicial Reform in China".It revealed to the society since 18 th CPC National Congress,the people's court has corrected major criminal justice in 34.And it underscores our country attaches great importance to human rights and justice.At the same time,we should not forget to reflect,what is the cause of the frequent criminal error?How to make a criminal error not happen again?Many scholars attribute the formation of wrong cases to torture or evidence qualification.In conclusion,the discussion in theoretical circles only focuses on the research of evidence law,such as adjusting the evidence rule of which evidence is valid or excluded in law.But for evidence reasoning,that is,using observed evidence and reasoning knowledge around us is not much.By comparing China's She Xianglin case and the Simpson case in the United States,the two cases happened in the same period and had similar cases,but the trial process and the result of the trial were poles apart.So,in both the investigation stage and the trial stage,the most critical part is to review and judge the evidence,and use the evidence to reason the facts of the case and finally form a fair judgment.But evidence reasoning process often contains a large number of complex evidence,so to strengthen the exploration of criminal evidence reasoning method is very necessary to help the judicial personnel use evidence forascertaining theright facts of criminal case.Therefore,this article is from the perspective of evidence on the rational.And to study the logic basis of evidence reasoning,and elaboration of abductive with its shortcomings.And put forward how to combine the story model with abduction,it would create such a comprehensive reasoning system and an acceptable reasoning approach.It would ensure that criminal justice objective,to reduce the occurrence of criminal misjudged cases,fully protect human rights,and finally realize fairness and justice.The first chapter mainly introduces the evidence of criminal evidence.This part compares and analyzes the murder case of She Xianglin in China and Simpson in the United States,and we will find out the cause of the criminal error in our country.The case of She Xianglin is a typical error problem in abductive reasoning.In order to avoid the recurrence of criminal misjudged cases,it is necessary to pay more attention to the reasoning of evidence,especially the application of abductive reasoning,to know its essential content and inadequacies,and to help the judicial personnel to correctly use the evidence to identify the facts.The practical significance of evidence reasoning research has three aspects.First,it helps to find out the facts of a case and make a right decision.Second,it helps to build an objective evidence application procedure to ensure the realization of procedural justice.Third,to improve the evidence reasoning system in China,we should also pay attention to the construction of the misjudged cases relief mechanism before the criminal trial and the criminal trial,so as to prevent the occurrence of the criminal misjudged cases.The second chapter mainly introduces the concept of pushing rationality of criminal evidence.In the traditional evidence law,the theoretical's discussion on the characteristics of evidence all affirmed that the evidence should have both objectivity and relevance.But there are different points of view about the other features that the evidence should have.But they all ignore the inferen-ial of evidence.So there is the first innovation point,from the evidence to the case facts,is inferen-ial of evidence,it can be used to evidence reasoning from evidence to facts.The third chapter mainly introduces the logic basic theory of criminal evidence reasoning.Legal syllogism is used by judges in the trial practice demonstrates the basic pattern,on the premise that the legal norms set,minor premise that is the case facts and a conclusion of law sets up the model.But syllogism only considers the analysis and argumentation in theory,but cannot cope with the practical demonstration in daily life.On this basis,Tulmin constructed a model for substantive reasoning,consisting of claim,data or ground,warrant,backing,modal qualifiers and possible rebuttals.And his warrant is similar to Wigmore's generalization,which is to prove the inference of the evidence to the conclusion.Wigmore's evidence theory based in the chain of reasoning thinking,in any case there is a group of evidence,the evidence group consists of a single inference network,and these individual reasoning are all form evidence network link.The logical form behind the single inference is resorting to the inference of best explanation.The fourth chapter mainly introduces the abductive reasoning in the criminal evidence reasoning.First that the demonstration is often a kind of guess,based on the observation under specific circumstances and the conclusion of the explanation from the observation.In this sense,it is categorized as abduction reasoning,and abduction inference is usually equivalent to the inference of best explanation,so these three reasoning modes are closely related.Their concepts,comparisons and shortcomings are expounded respectively.Here the second innovation points of this paper are drawn,and the abductive reasoning is combined with story model.On the basis of the abduction model,several stories are constructed through the evidence.And there are three standards.They are the coverage of the evidence,the consistency of story and evidence and the coherence of the story itself,the best story version is selected as the conclusion of the case,which makes our hypothesis more plausible and more rational.The fifth chapter mainly introduces the specific application of abductive reasoning in the case with the story model,and illustrates its application through theShe Xianglin case and Simpson case.In the legal practice activities such as case detection and judicial refereeing,judicial personnel must make objective reasoning based on sufficient evidence,then use evidence to carry out reasoning,and combine thebest story model,so as to ensure the reliability of the decision.Because compared with other reasoning models,story models can help people organize complex evidence and clarify case facts,so it can help people organize evidence and clarify cases,and play an important role in evidence reasoning.