The Study Of Evidence-based Approach In The Factual Cognizance Of Criminal Hard Cases

Based on the background of the information age,this paper takes the facts of the case,especially the factual cognizance of the criminal case as the clue,takes the theoretical research of a large number of legal experts and the practical experience of the practical elites as the reference,and takes the mature mechanism of the evidence-based method in other fields as references,jumps out the traditional method of fact determination,The paper introduces the evidence-based method and the evidence-based idea to the criminal justice,explores the theory construction and practice operation systematically,and lays a solid foundation for its development to the application level.From the confirmation of evidence-based facts,the factual cognizance of criminal cases will form a new method of guiding judicial practice with scientific theory and evidence.Along with the development of evidence-based practice and the accumulation of the best evidences,the legal knowledge system of the criminal difficult cases is gradually formed,and the new knowledge operation mechanism based on evidence method is constructed through several dimensions.In particular,the paper summarizes the characteristics and rules of criminal cases in China and finds that the difficulty of finding the facts of criminal cases is mainly focused on the examination of evidence,the judging of the standard of proof,the confirmation of the facts of sentencing and the pressure of social opinion,and the limitations of personal trial experience and the poor quality of reference cases in practice.Therefore,in order to solve the more and more complex facts,we need to change the way of thinking and set up a complex way of thinking.Secondly,breakthroughs and innovations are made in the scientific methodology.Evidence-based method is a new method derived from the information age,and it is necessary and feasible to apply it in the case of criminal difficult cases.The evidence-based method can give the judge the most comprehensive information by collecting the judicial data,finding the best evidence,applying the best evidence and the feedback of results,and can hinder the procedure that the habit and prejudice play a role,help the judge to find out the facts of the difficult case,and improve the accuracy and scientificity of the fact determination while alleviating the pressure of the judge.