The Study On The Reasoning Of Fact Finding In Judicical Judgement

The problem of fact finding has always been one of the most difficult problems to be solved in judicial practice.Reasoning for fact finding is an important part of judicial reasoning.In order to solve the neglect of fact finding reasoning in some judicial documents,it is necessary to study the fact finding reasoning.The purpose of the research on the reasoning of fact finding is to better improve the explanation and demonstration of the judgment reasons in practice,which is of great significance to improve the current problems that the masses are not convinced of the judgment reasons and the judgment results are not accepted and not executed.The value of the research on the reasoning of fact finding lies in the improvement of the legal professional group's attention to the reason of judgment,the alleviation of the contradiction between the social masses and the court,and the ultimate goal lies in the promotion of judicial openness,the maintenance of judicial justice and the improvement of judicial credibility.The meaning of the word "fact" in life is equivalent to the objective reality in philosophy,and fact is often equated with evidence facts in judicial practice.However,evidence fact refers to the fact constructed on the basis of various evidences,not that evidence is completely equated with facts.Related to this,the legal facts in judicial judgment refer to the facts on which the judge judges the case.Fact finding refers to the whole process from the statements of the parties in the court and the facts on which the judge's final judgment is based.Fact finding reasoning is to elaborate the reasons for the judge's distribution of evidence qualification,proof power and proof responsibility in the whole process.The reason of the facts is not only the requirement of the legitimacy of the judgment,but also a favorable weapon to ease social disputes,which is the necessary guarantee to ease litigation disputes.Reasoning the facts of a case is an important part of improving judicial credibility.To reason the facts of a case,we should focus on the confirmation of the qualification of evidence,the determination of the evidential power and how to allocate the burden of proof.The confirmation of evidence qualification should focus on the legitimacy of evidence,and the legitimacy of evidence should be screened by evidence rules.Take the rule of time limit for adducing evidence in civil action and the rule of exclusion of illegal evidence in criminal action as examples.The former mainly refers to that the parties to a case should provide evidence within the time limit allowed by law,otherwise,the evidence can not be adopted by the court in the subsequent procedure and has no evidence qualification.The latter means that the evidence obtained by seriously violating the basic rights of citizens and the legal procedures is not legal and can not be adopted as evidence to determine the guilt of citizens.The law of our country allows the judge to use the rule of experience and logic reasoning to judge the evidence proving power in the specific case.Therefore,the judge should reason the rule of experience and logic reasoning used in the judgment.When the evidence of the case has been presented,but still can not judge the facts of the case,the use of the burden of proof distribution system is an important method for the court to judge the case,therefore,how to use the burden of proof distribution also needs to be explained in detail.At present,according to the published judgment documents,we can summarize the shortcomings of the fact finding reasoning.Including the format reasoning of the legitimacy of evidence,the confirmation of the qualification of evidence does not conform to the rules of evidence and does not reason,the confusion reasoning of the qualification of evidence and the size of the power of proof,the non reasoning or only the non reasoning of the size of the power of proof,the wrong use of the reasoning of the distribution of the burden of proof to lead to the wrong identification of the facts of the case,or the case is carried out without the evidence or the fuzzy evidence in the judgment the reasoning of facts.The problems in the reasoning of fact identification exposed in the sample of judgment documents can be verified by the confirmation reasoning among evidences.Through the application of experience rules in many ways,experience rule reasoning needs to be carried out in different stages to prevent surprise attack and establish guiding case guiding experience rule reasoning,so as to establish the complicated and simple diversion in line with the law of fact reasoning as well as the trial level diversion mechanism and the establishment of the case facts to determine the evaluation mechanism and other aspects to improve.