| The application of indirect evidence from the perspective of the trial center depends on the ability of the judges to use logical reasoning and empirical rules.From the perspective of the trial center,this paper takes the application of indirect evidence as the object of investigation,analyzes the current situation of the application of indirect evidence by judges,examines the ability of judges to apply indirect evidence,and then explores its internal mechanism according to the dilemma in the application of indirect evidence in judicial practice.On this basis,it provides perfect suggestions for better use of circumstantial evidence and full play of the function of circumstantial evidence.This paper consists of the following four parts:The introduction part mainly introduces the research background and significance,research status and the research method of this paper.The first part mainly introduces the reform of the trial-centered litigation system and the theory of circumstantial evidence application.This paper discusses the connotation and significance of the trial-centered litigation system reform,introduces the connotation and characteristics of circumstantial evidence,and expounds the common value pursuit and unique significance of the application of circumstantial evidence and trial-centeredism.The second part expounds the problems existing in the application of circumstantial evidence from the perspective of the trial center in my country.By analyzing the status quo,it puts forward the difficulties faced by judges in applying logical reasoning and empirical rules,the limitations of the verification model,and the insufficiency of using indirect evidence to prove the subjective aspect of the crime.The third part mainly discusses the development and investigation of the application of extraterritorial criminal circumstantial evidence.By analyzing the verdicts of indirect evidence in common law countries and civil law countries,this paper discusses the necessity and rationality of using indirect evidence to verdict in my country from the perspective of the trial center.In the fourth part,it puts forward suggestions on the application of circumstantial evidence from the perspective of the trial center.It mainly includes improving the logical reasoning ability of judges and the application of empirical rules;confirming the reasonable application of the model when using indirect evidence to finalize a case;strengthening the determination of the subjective aspect of the crime by indirect evidence.This chapter is the focus of this article.The fifth part,the conclusion. |
