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Concerning the Legal Fact and Perfect
Author: SongYunHong
Tutor: LiShunWan
School: Southwest University of Political Science
Course: Legal Logic
Keywords: Legal facts Rules of Evidence Legal logic Experience referee Value measurement
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 309
Quote: 0
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Abstract
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\pure reality and seems to have more and more things we need to know when the status of the facts in legal research has become the focus of a show . \discretion of the judge to make the case basis. Legal facts need to judge finds that based on legal norms and the known facts of the case , the integrated use of the rules of evidence , logical reasoning, rules of thumb , and other methods to measure the value of the events that have occurred backtracking reasoning . The purpose of the law is to reproduce the findings of fact , restore the facts that have occurred . But the law recognized the fact that in the process of being deemed cost , determined by rational, value judgment and cognitive abilities and proven fact that a variety of circumstantial evidence and other constraints , can not be completely objective facts clearly and accurately restored , therefore , the judge of the law findings of fact can only be legally true, objective truth can not be guaranteed . \factual determinations deviate more or less objectively true , but the task of justice itself is based on facts and law as the yardstick , comprehensive and accurate as possible to restore the objective truth , therefore, in the field of judicial findings of fact to improve the legal , respect for procedural justice , improve the cognitive abilities of the judge , the judge restrict the abuse of power , establishing evidence Pretrial Review System , follow the principle of direct verbal cross-examination , evidence of certification systems and improve the system of open reasons for judgment .
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