Application Of Inference To The Bestexplanation In Criminal Case Facts

For the handling of criminal cases,the standard of proof is required to meet the standard of proof of "the facts of the case are clear,the evidence is true,sufficient and beyond reasonable doubt",so as to achieve the factual determination result of "seeking truth".Although the process of "seeking truth" closely depends on the objective existence of evidence,the extraction of evidence information and the determination of the facts of the case are the cognitive activities of the fact ascertainment.In recent years,unjust,false and wrong cases continue to emerge,and criminal cases are increasingly complex and changeable,which poses great challenges to the judicial certification model in China.Therefore,it is necessary to improve and improve the existing identification mode,and provide scientific and effective methodological guidance for the fact ascertainment to accurately carry out criminal trials,so as to improve the judicial practice level of fact determination in criminal cases.Through a lot of theoretical research and practical experience in practical operation,this paper analyzes the basic theoretical composition of the best explanatory inference and its application method.It is pointed out that the theory is based on the explanatory concept and holism fact determination method,which is more in line with the needs of criminal justice practice than the traditional atomic proof standard of the numerical threshold.It is beneficial to solve the problem of the fact determination of criminal cases relying too much on the presentation of evidence,and make up for the deficiency of the use of falsification thinking.However,in addition to finding the advantages of the best explanatory inference,the subjective cognition of their own dependence on fact determination may cause potential disadvantages such as inappropriate comparison and false interpretation.To improve the best inference theory model,will be based on the evidence of the objective standard and play the fact that freedom of subjective interpretation utility,clear the best inference choice of "best" criteria,and construct the fact that in the case facts that should follow the logical model.The best interpretation and inference method itself and the constraint of falsification thinking can play a role of explaining and testing the verification results,which is conducive to the scientific play of the subjective initiative of the fact ascertainment to achieve the inner confirmation,and promote the substance of the trial.Therefore,the application of the best interpretation inference can play a certain role in perfecting the fact determination method of criminal cases in China,and then better guide and serve the practical activities of fact determination of criminal cases.