Font Size: a A A

Difficulties Overcome, Of Epistemological Investigation

Posted on:2006-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:L Y YangFull Text:PDF
GTID:2206360155959241Subject:Litigation
Abstract/Summary:PDF Full Text Request
Criminal investigation is an activity of recognition. As recognition principles of criminal investigation is a very significant plate of theory, the studies on principles of criminal investigation have not to avoid it However, for a long term, academic communities of criminal investigation completely accept Marxist epistemology as a theoretical premise of the recognition principles of criminal investigation and do not make any analysis of the characteristics of recognition of criminal investigation. In such a situation, when interpreting why the recognition of criminal investigation is true, existing epistemology of criminal investigation encounters many difficulties. Because existing epistemology of criminal investigation is Correspondent of Knowledge, a kind of theory on truth, which can not interpret why the propositions on historical occurrence are true. And the object of recognition of criminal investigation just is historical occurrence. Therefore, Correspondence of Knowledge has to encounter the difficulties. After the studying on the theoretical essence of existing epistemology of criminal investigation, the dissertation makes analyses of what the truth theory of existing epistemology of criminal investigation probably encounters the difficulties. And then, it were brought forward of some tactics on getting over the difficulties and the revised truth theory of epistemology of criminal investigation.The full text has three parts and about 35000 words.Part â… : what is the theoretical essence on existing epistemology of. criminal investigation?The part firstly made an analysis of the general concept of epistemology of criminal investigation and then of the characteristics of the object of recognition of criminal investigation: criminal occurrences are historical occurrences and the police can not experience them by themselves. At last, the author listed variable kinds of truth theory: Coherence Theory of truth, Pragmatism Theory of truth, ? Consistence Theory of truth and Correspondence of Knowledge and put forward that the truth theory of existing epistemology of criminal investigation is the Correspondence of Knowledge in essence.Part â…¡: what are the difficulties encountered theoretically and practically by theexisting epistemology of criminal investigation?As the Correspondence of Knowledge can not interpret why the historical proposition is true, the existing truth theory of epistemology of criminal investigation, which is Correspondence of Knowledge, can not interpret why the historical proposition on criminal occurrence is true. This is the main difficult encountered theoretically by the existing epistemology of criminal investigation, which results into series of practical difficulties: Correspondence of Knowledge can not interpret why the "panorama" of criminal occurrence is true; Without physical evidence, it can not interpret why the testimony is true; it can not interpret why the crimes whose crime scenes can-not be investigated could be investigated; it can not completely interpret the feasibility of reconstructions of crime scenes; it can not interpret how to verify the assumptions of criminal investigation. In this part, other defects of existing epistemology of criminal investigation were put forward: the values of criminal procedure have not been accepted by the existing epistemology of criminal investigation and the view of infinite development of detect recognition is unfeasible to the time limitations made by criminal procedure laws.Part III: how to overcome the difficulties and how to revise the truth theory of the exiting epistemology of criminal investigation?Firstly analyses of the fundamental causes of the difficulties is made and the fundamental cause is that "what is truth" and "how to get the truth " were not distinguished by the existing epistemology of criminal investigation. The correspondence between minds and objects just is the definition of the truth and one of the ways of getting the truth. Then, according to the difficulties put forward in the part ii, the tactics of overcome them are formed. At last, the truth theory of the existing epistemology of criminal investigation is revised. And the revised theory is that: the definition of truth of detection recognitions is the correspondence between minds and objects; the correspondence is not only- "image" but also coherence, consistence, efficiency; the "objective" of detection recognition are not aiminal occurrences but criminal facts; the view of finite development has to be accept by the detection recognition and it has to be realized that the values of criminal procedure restricts to the detection recognition.
Keywords/Search Tags:Epistemological
PDF Full Text Request
Related items