Research On The Justification And Path Of Value Balance In Criminal Proof

Criminal proof is a judicial activity in which judges use evidence to determine the facts of a case.Our country’s criminal judicial proof norms include many rules such as corroboration,exclusion of illegal evidence,and proof.As the primary link in criminal judicial adjudication,fact finding will play a decisive role in subsequent conviction and sentencing.Criminal proof emphasizes the certainty and objectivity of fact determination,but it is not a "fact-fact" pure fact reasoning,and this reasoning form is not inevitable,but a probabilistic reasoning.Criminal proof emphasizes the achievement of "clear facts and sufficient evidence",but it is too macroscopic,and the goal of "objective and true" factual proof is often difficult to achieve.From a practical point of view,the evidence situation faced by fact determination is complex,and only following the guidance of norms can easily lead to the risk of wrong fact determination.It can be seen that the determination of criminal facts based on the standard of proof is difficult for judicial practice.In fact,value measurement runs through all aspects of criminal judicial adjudication and also plays a role in criminal proof.Therefore,the determination of facts should not only stick to the normative nature,but should pay more attention to many value factors."Stop epistemology",and value theory takes over.How to use the basic legal value in evidence law to make value judgments should be the common concern of criminal proof theory and legal theory.In the face of normative judgments and moral judgments at the level of fact determination,how to improve the relevant concepts,systems and practices,thereby weakening or reducing the uncertainty and error risks in fact determination,and ultimately achieving the neutrality,rationality,and integrity of criminal rulings.And it will promote the joint realization of substantive justice and formal justice.In order to correctly understand the problem of value balance in criminal proof,it is necessary to advance the research to the basic theoretical level of criminal evidence law.From the epistemological point of view,criminal proof should adhere to "objective facts" and resort to value-based fact determination,which may cause the risk of fact determination errors,and subjective factors should be involved as much as possible.However,from the perspective of value theory,value measurement in fact determination is necessary,and the essence of fact determination is to weigh among many value factors,so as to better resolve value conflicts such as social order,fairness and efficiency,justice,etc.It can be seen that in practice and theory,the legitimacy of value measurement in criminal proof has been controversial.The source of this legitimacy conundrum is explored by examining the concept and nature of value trade-offs.On the one hand,value measurement itself is subjective,which seems to conflict with the objectivity of criminal proof;on the other hand,the subjective nature of criminal proof activities determines the necessity of value trade-off.It is necessary to discuss the theoretical justification and realization of this legitimacy problem.The justification at the theoretical level includes three dimensions.Firstly,in terms of epistemology,the value balance conforms to the essential attributes of criminal proof.Secondly,in the theory,it can promote effective factual reasoning.Lastly,judicial practice requires rationality.At the same time,the realization of this justification topic is reflected in the following criminal proof practices: firstly,to clarify the value measurement limit of factual justification;secondly,to strengthen the construction of professional ethics of judges;lastly,demonstrate a shared philosophy rooted in it.Through the use of value,the research on the justification of value measurement in criminal proof can respond to the common concern of evidence law and jurisprudence on the topic of "fact and value" at the theoretical level,so it has unique theoretical value.In addition,this also provides a new idea for solving proof problems in criminal justice practice.