The Application Of Toulmin’s Model In Criminal Evidence Reasoning

In the trial of a criminal case,it is the proper meaning of a judicial decision for a judge to hear a case and make a final judgment based on the existing legal rules,reasoning mode and evidence available,the result of judicial decision it not only involves the redistribution of rights and obligations between the parties,but also relates to the recognition and acceptance of the judgment by the parties and even other members of the society,that is,the possible social effect of the judiciary and the credibility of the judiciary in public inquiry.From the efforts of China’s efforts to rectify unjust and false cases in recent years,it is not difficult to find that the rationality of the judgment documents and the reasons for the judge’s judgment acceptability is receiving more and more important,so we must realize the importance of the evidence reasoning process to judicial adjudication,and we must find a balance between judicial practice and adjudication effect.Toulmin reconstructed the legal argumentation model with his thinking on non-formal logic,which focusing on argumentation rather than implication,it advocates the plurality of the type of argumentation,and pays attention to the type and macro structure of case reasoning.This example transformed mutual verification to reasoning model,which affirms the rebuttal of the premise and the substantive validity of the argument.According to the difficulty of the case,Toulmin divides the six elements into two parts: basic elements and supplementary elements.The basic elements are used to demonstrate the whole process of reasoning in simple cases or the initial stage of reasoning in complex cases.With the in-depth development of the case,when the other party questions the legal norms of the "data",and the authenticity,rationality,relevance and even the argument of the water source itself,Toulmin uses the elements of "guarantee" and "investment" to enhance the credibility of "assert" and "data",and exclude exceptions by proposing "rebuttal",thus drawing a scientific and reasonable conclusion limited by "modal qualifier".Toulmin insists on penetrating the dialogue fee into the whole process of argumentation,vividly showing the whole process of the game between the prosecution and the defense.At the same time,the Toulmin’s model in the argument,it balances the dependence and in-variance of the field,which provides a new way for the solution of difficult criminal cases.