The Application Of Inference To The Best Explanation In Case Facts

The occurrence of the case facts is the starting point of judicial judgment.Since the case facts cannot be reproduced,the "authenticity" cannot be used as the criterion for determining the case facts.Inference to the best explanation is a method of reasoning that does not aim at results that are absolutely true.It is developed from Abduction,that is,the reason for the existence of the phenomenon is deduced from the observed phenomenon.The reverse reasoning is its characteristic that distinguishes it from other reasoning methods.Inference to the best explanation has its own development on the basis of Abduction,and the thought transition from "it is like this" to "should be like this" gives Inference to the best explanation a sufficient opportunity for development.In order to obtain the "best" explanation,Lipton designed a double filtering mechanism.For phenomena that cannot be measured by the "authenticity" standard,Inference to the best explanation can give the phenomenon the greatest degree of explanation in terms of limited circumstances.The description becomes the "best" description.For the case facts finding,the case happened before and the judge finds the case facts later,and the process of case facts finding is also a kind of reverse reasoning.Moreover,the case facts required in judicial adjudication never belong to the category of "what is",but belong to the category of "what should be".Therefore,it is Inference to the best explanation that the application of reasoning in the determination of case facts is feasible.Inference to the best explanation provides a plausible and degree-based method for determining the case facts.By making multiple explanations of the case facts,the possibility of explanation can be sorted and screened,which can provide an "best" explanation for the case facts,which can "restore" the case facts to the greatest extent within a reasonable and legal range.Provide factual basis for judicial decisions.The main body of the thesis is divided into four parts:The first part is the definition of the case facts and other related concepts and the elaboration of the relevant elements.Starting from the connotation of "facts",this paper discusses the differences and connections between the three different views of fact,and draws out several important features of the case facts.Secondly,it discusses the elements of case facts finding,including the basis and logic method of case facts finding.The basis for the determination of the case facts is the evidence.By sorting out the types and characteristics of the evidence,the status of the evidence as the determination of the case facts is clarified.The logical methods of case facts finding mainly include retrospective reasoning,deductive reasoning and inductive reasoning,clarifying their connection with case facts finding,and making it clear that logical methods are an indispensable part of case facts finding.The second part is a specific elaboration of the theory of Inference to the best explanation,including its development process and theoretical mechanism,strictly distinguishing Inference to the best explanation from other reasoning methods,and explaining its double filtering mechanism,and further through examples.The application steps of this theory are clarified.It also discusses what the "best" criteria should be in the best description.The third part is the feasibility of Inference to the best explanation in case facts finding.Through the comparison of their coincidences(i.e.plausibility,relevance and background belief)and the requirements of judicial reform in our country,the connection between the two is further deepened,and a bridge of "communication" is built between the two.At the same time,the theoretical advantages of the best expository reasoning in the determination of the facts of the case are discussed.By comparing the deductive reasoning,inductive reasoning and other reasoning modes,it is highlighted that Inference to the best explanation has the advantage of being able to effectively avoid deviating from the correct direction,and also To a certain extent,the efficiency of the case facts finding of the case is guaranteed.The fourth part is the specific application of Inference to the best explanation in case facts.It distinguishes the similarities and differences of its application in the mode of pure Free evaluation and the mode of actual judicial situation in our country,and proposes the application mode of Inference to the best explanation in the determination of case facts.Through this model,we can get the best illustration of how the case facts "should be".