Application Of Inference To The Best Explanation In Criminal Case Facts

The truth of a case is the basis for the judges to make the correct judgement in criminal trial.However,the accuracy of fact finding depends on whether it has cognitive method of highly practical operation.In the judicial practice,the lack of scientific and effective methods of asserting the fact of case in criminal procedure has affected the impartial adjudication of cases.Therefore,it is necessary to make breakthroughs and innovations in scientific methodology,it is also necessary to explore theoretical construction and a more scientific way of thinking in fact analysis of criminal cases,in order to cope with the complex situation of case fact-finding,reduce the occurrence of unjust and false cases,and improve the level of judicial practice of factual cognizance in criminal cases.Based on the background of the frequent occurrence of misjudged cases,this paper regards the practical problems existing in verification model of fact-finding in the criminal cases as impetus,takes the theoretical research of a large number of legal experts and the practical experience of the practical elites as reference,takes Inference to the Best Explanation used to discover the truth in philosophy of science as the leading factor,and draws on the advantages of Wigmore’s graphic and narrative method,combines with the big data method of evidence-based criminal case fact-finding,modifies inference to the best explanation model,and finally constructs the logical thinking model that should be followed by the fact-finders in the case.In order to solve problems existing in verification model including overwhelmingly depending on the amount of evidence,neglecting falsification,pursuing the form of verification,no guilty without verification,limiting the judge’s inner conviction and impeding the punishment of the crime function.From the perspective of interpretation and falsification,cases are constructed,selected and verified by inference to the best explanation.It is not liberal on rigid form,it is gives full play to inner conviction of judge and pursues the substantive nature of the trial.It is necessary and feasible to apply inference to the best explanation to assert the fact of case.This method will provide scientifically theoretical guidance for judges to determine the facts of criminal cases.