Research On The Legitimacy Of The Determination Of Fact

For the cases that have caused widespread controversy in the society,such as the "Huge Gille pattern" and "simulation gun series cases".From the root cause,it is the fact that there is a problem in the determination of the facts,which leads to the fact that the judge judges that the judgment does not conform to the truth of the facts or social value.In practice,the process by which the judge determines the facts of the judge is non-public,which also causes the public to question whether the judge's facts of the judge are true and legal if there is a problem with the facts of the judge's judgment,thereby reducing the public's possibility of adjudicating the results.Acceptability.The research on the justification of referee fact determination is to solve the questioning of judges due to non-publicity in the process of finding referee facts,thereby improving the acceptability of referee facts.In order to solve this problem,it is necessary to find out the factors that justify the determination of the facts of the judge,and find out the corresponding solution path through the analysis of the influencing factors.This article is divided into four parts to study the issue.The first part is to collect and collect relevant data to sort out and integrate the justification theory of referee fact determination,the basic concept of referee facts,related concepts,the standard of proof of referee facts and the method of determination.Provide a basic theory for subsequent analysis.In the second part,it analyzes the four types of factors that cause uncertainty in the process of judgement fact determination,conducts a cognitive scientific analysis of the participants in the judgement fact determination,and analyzes the nature of the facts,value conflicts,and media intervention.Through analysis,it is found that the judge will be affected by various factors in the process of determining the facts of the referee.If these factors are not restricted,the legitimacy of the facts of the referee will be affected,and then the acceptability of the facts of thereferee will be affected.The third part is to analyze the process of judgement fact determination.By analyzing the role and flaws of the two judges' thoughts in the process of judgement facts determination,the factors that affect the agreement between facts and norms can be found.The fourth part,according to the previous discussion,constructs the justification path to realize the factual determination of the referee.By establishing a rational communication mechanism,a factual rhetoric mechanism,a cognitive court trial mechanism,and a factual reasoning mechanism for referee documents,the impact of judges in the process of determining referee facts is reduced,thereby improving the acceptability and legitimacy of referee facts.After researching the legitimacy of referee fact determination,it was found that the standards and methods of determining referee facts have changed along with the development of human understanding.During the deity refereeing period,the legitimacy of referee fact determination was based on authority,and the proof standards were not objective.Facts,the method of determining facts is through divine sign.By the time of legal evidence,the legitimacy of people's determination of referee facts is based on evidence science,the standard of proof is consistent with objective facts,and the method of determining facts is to discover the truth.During the free testimony period,there were differences in the criteria for determining the facts of the referee: objective truth and subjective truth.Therefore,there are two methods for judging the facts: fact finding theory and fact construction theory.The legitimacy of the fact finding lies in that it is concerned with the truth,but in practice it cannot be objectively true.The judged facts constructed will face the question of the truth and legal agreement.The reasons behind this are twofold: from a subjective and objective perspective,subjective recognition is limited and irrational;from an objective perspective,facts themselves are difficult to fully understand and the influence of the media on the public.Starting from the judge's thinking of referee facts,rule thinking will lead to formalization,and consequential thinking will affect the formal justice of referee facts.These factors make the justification of referee facts questionable.By analyzing the factors that affect the uncertainty of the referee fact determination process,it is concluded that the referee fact determination process is affected by factors such as subjectivity and objectivity,the nature of the facts,value,media,and the referee's way of thinking.These factors essentially make the judge determine the referee fact The process is ambiguous and uncertain,which affects the acceptability and legality of the referee facts.Therefore,this article attempts toestablish a series of mechanisms: rational communication mechanism,rhetorical reasoning mechanism of referee facts,compliance with the cognitive process of court hearings,and factual reasoning mechanism of referee documents.To realize the legitimacy of referee fact finding.