Research On The Abductive Reasoning In The Determination Of Case Facts

Abductive reasoning is a way of thinking that we use intentionally or unintentionally in our life and work,and it is widely applied to medical diagnosis,artificial intelligence,criminal investigation,linguistics and even mathematics.It also gives us new ways of thinking about what we know and what we don’t know.At present,the concepts and forms of abductive reasoning are noticed by scholars,but the research in the sense of methodology is not mature and comprehensive.To be honest,ontological research is a basis of the theory,but it should also give consideration to the practicability of the theory.In legal practice,facts are always focused for litigants.Abductive reasoning is an essential step of finding facts better.This paper applies the function of hypothesis and explanation to the process of fact finding.And we can assume that you are an investigator or a judge,who shows the practical value of abductive reasoning by finding facts.Next,we can make a response to the inherent defects of abductive reasoning.We could choose to use confirmation,reason or positive and negative proof to prove the suppose.If the hypothesis explanation is verified,the reliability of the conclusion is enhanced,while the wrong conclusion needs to be hypothesized again.The introduction emphasizes that legal reasoning plays a major role in the fact finding.At the same time,the position of abductive reasoning in legal reasoning can not be ignored.Then we discuss the reasoning about its origin and development,which originated in ancient Greece,declined in the middle ages and revived in the17 th century.The scholars have never given up their research on it,and its reasoning form has been expanded.In the first part of this paper,the fact itself is investigated,and the concept of fact is analyzed from multiple perspectives.In view of the fact finding in practice is important and difficult,we use abductive reasoning to solve practical problems.In the second part,we refer to its concept,characteristics and functions,and focus on the basic mode and extended mode of abductive reasoning.In addition,we make a vertical comparison between abductive reasoning and other forms of reasoning.The aim is to underline the advantages of abductive reasoning,and to supply a theoretical basis for the subsequent empirical analysis.The third part mainly discusses the application of abductive reasoning in specific cases.On the one hand,it can provide investigators with ideas to solve cases and prove hypotheses;on the other hand,it can also help judges confirm the facts of cases by using the best interpretation.The fourth part is the reflection of abductive reasoning.Some people query the reliability of the conclusion,the validity of the form and the test conditions of the conclusion.Therefore,this part optimizes the hypothesis standard（such as comprehensiveness,consistency,specificity,verification,etc.）and expands the test methods（such as corroboration,rationality test,positive and negative proof）,so as to apply abductive reasoning to judicial practice reasonably and alleviate the adverse impact of the probability conclusion.