The Study Of Explanatory Stories In Reasoning With Criminal Evidence

The use of evidence to reason the facts of a case is a prerequisite for a rational referee.Evidential reasoning is extremely important for the construction and proof of case facts.This is not achieved by simple evidence listing and superposition,but requires interpretation and reasoning of evidence.A good explanation is that the evidence should be mapped into the plot by constructing the facts of the case,so that it can form a correspondence and jointly prove the facts of the case.Due to the differences in the appeals of the litigants and the differences in common sense,even the same evidence will produce different interpretations.Therefore,in order to get the best explanation of the evidence and the facts of the case,it is extremely necessary to study the overall construction of the facts.Here,the case plot construction is equated with the narrative of the story,and the method of selecting the story is used for Evidential reasoning.The main role of the interpretative story is to interpret the evidence and clarify the proof of the evidence,so as to find a reasonable ground for the establishment of the facts hidden between the evidence.The story method can be used to construct the plot of what happened in the case,to effectively organize the evidence when interpreting and testing the hypothetical plot,and to provide information on the circumstances and overview of the crime.The study of the story method is to help people use the vast amount of caseevidence to construct the hypothesis of “what happened in the past?” and compare other stories to select the best story hypothesis as the basis for the case determination.In 2018,China introduced the ?People's Jury Law?.People's jurors participate in the trial activities of the people's court according to law,they have the right to determine the facts of the case.Then,in the face of the collision of professional legal knowledge and non-professional naive cognition,it is extremely necessary to find a method of Evidential reasoning that can be applied.China has a small amount of research in this area,and there is basically no systematic discussion.The current research on the story method focuses on the jury's factual ruling.So,can the method of the story apply to Evidential reasoning and fact finding in China? This is the focus and difficulty of the article.This article will use the story to explain the evidence as the theme,explore the interpretation of the story plot for the use of evidence and how to choose the best story,combined with the value of the case to verify the story method.This article has the following main contents:The first chapter introduces and analyzes the theoretical basis of the explanatory story,clarifies the related concepts of the story,explains the relationship between the story and the Evidential reasoning,and clarifies its position and role in the Evidential reasoning.Solve the problem of how to form a story,compare various theories,and propose the initial construction of the story structure.In addition,the principle of story interpretation evidence-backtracking reasoning theory is analyzed to clarify the plausibility of the plot constructed by the story.Since the story can be abolished,it is also possible for the fact-winners to choose and eliminate other storytelling.The second chapter focuses on the research path of the story,focusing on the story model,anchoring narrative theory and mixed method theory.By comparing these academic views,summarize the advantages and types of story methods in constructing case plots.It also proposes the problems that may be encountered when combining explanatory stories with trials,thereby continuously accumulating the theoretical depth of the story method.Of course,the story method inevitably has its own limitations and deficiencies,especially the risk of “good stories rejecting true3stories”.Then,you need to explore which story is really needed on the court;The third chapter is the main part of the whole thesis,which will introduce how to choose the best story and how to overcome the limitations of the story-the best explanation inference.From the best explanation inference to the jump of the best story,we need to evaluate and compare the criteria of the story and evidence,combined with the academic views of the story method,and find that the best story not only requires good form,but also must be true,presenting evidence coverage and story fusion.This basically solves the structural credibility of the best story.So,is this credible story the weight of the factual basis for the referee case? The next focus needs to clarify the relationship between the standard and the criminal certification standards,and proposes a dual filtering model for the explanatory story of evidence.The author believes that the purpose of selecting the best story standard is to become a universal credibility standard,not a proof of specific circumstances.The fact-winner can eliminate other bad story assumptions and get the best explanation.Whether the story can ultimately become the basis of the referee,but also needs to be tested by criminal proof standards.Under the reference of the story model,the fact-finding person in China is formed uses the explanatory story to determine the facts of the case and the applicable mode of interpretation.Theory is inseparable from practical application.The fourth chapter combines Yunnan Chen Hui's intentional homicide case to demonstrate the case through the analytical method of the explanatory story constructed above.A number of story hypotheses formed by the focus of the dispute in the case were evaluated and compared to arrive at the best story to explain the case evidence and facts.In this way,the feasibility of the story method in practice is tested;The fifth chapter analyzes and forecasts the applicable approach of explanatory stories in China.Starting from the two dimensions of “can use?” and “useful?”,we draw on the useful experience of jury using story method to make factual rulings,and forecast the application and future development of explanatory stories in China,expecting explanatory stories.It can be a method of Evidential reasoning and fact finding in criminal cases in China.