Research On The Application Of Empirical Rules In Criminal Judicial Proof

Fact determination is the core link of criminal judicial proof,and how to standardize and accurately determine the facts of a case is an eternal topic of criminal judicial proof.The current judicial proof model in China is constructed with the core of "corroboration theory",which runs through the entire process of fact determination such as evidence reasoning,case fact testing,and even proof standard judgment.Under the guidance of the "confirmation" theory,the process of determining the facts of a case has been simplified to an objective confirmation process that seeks the consistency of evidence information,and "confirmation" has largely replaced the standard of proof in criminal justice.In the framework of judicial syllogism,the major premise of factual inference is composed of empirical rules,while the minor premise of factual inference is formed through evidential inference.The major premise and minor premise of factual inference jointly shape the inference result.The proof model with confirmatory theory as the core only focuses on the identification of information consistency between evidences in the process of fact identification,that is,only focuses on the construction process of small premises-evidence facts,and regards evidence as the only means of fact identification,ignoring the importance of the large premise of evidence reasoning-empirical rules for fact identification,and also does not provide effective application space for empirical rules.In recent years,along with the reflection on unfair,false,and erroneous cases in practice and the deepening of the reform of the judicial system,the academic community has carried out many effective studies on the application of empirical rules in criminal justice,but most of them remain at the level of empirical research,failing to establish a three-dimensional application mechanism for the application of empirical rules in criminal justice.In order to deeply explore the problems existing in the application of empirical rules in criminal justice,explore effective mechanisms for the application of empirical rules in criminal justice,and improve China’s judicial proof theory,this article conducts research from the following four parts:Part Ⅰ: Sort out the basic theory of the application of empirical rules in criminal justice.Firstly,clarify the concept and extension of empirical rules,and accurately define the basic characteristics of empirical rules;Secondly,demonstrate the legitimate basis and scope of application of empirical rules in criminal justice;Finally,analyze the criminal judicial proof function of empirical rules;Part Ⅱ: sort out the application of the rule of experience to criminal justice.This part summarizes the problems exposed in the application of the rule of experience in judicial practice from three aspects.First,the confusion in the application of the concept and extension exposes the neglect of the concept and extension of the rule of experience and the problem of arbitrariness;Secondly,the rhetorical application of the rule of thumb makes the rule of thumb become a "literal excuse" for the prosecution,defense and trial;Third,the rule of experience is in a state of disorder without judicial procedure;Part III: Analyze the specific reasons for the application of empirical rules in judicial practice.This section analyzes from both theoretical and practical perspectives.At the theoretical level,it analyzes the exclusion of current judicial proof theories and evidence rules from the application of empirical rules;At the practical level,the lack of systematic criminal justice application mechanism is identified as the practical reason for the application of empirical rules in criminal justice;Part IV: Improve the application of empirical rules in criminal justice.This section aims to improve the criminal justice application of empirical rules from two perspectives: theoretical correction and improvement of the criminal justice application mechanism of empirical rules.In terms of theory,the positioning of "confirmation" theory should be corrected to make it return to the standard of proof methods;In terms of improving the application mechanism,it is launched from six aspects: clarifying the responsibility of the applicable subject,broadening the channels for expert participation,clarifying the key points of cross-examination,strengthening demonstration,exploring the role of guiding the case system,and clarifying the relief channels.