Dynamic transformation of "facts" in the referee in criminal cases
September 09, 2020 09:15 Source: "China Social Sciences" September 9, 2020 Total Issue 2007 Author: Yu Haisheng

"Based on facts,Legal as the criterion "is the basic principle of criminal referee。In judicial practice,Excessive eyes are often concentrated in the application of legal norms,The formation process of facts is usually found according to the identification of evidence、Confirmation、overthrow。But,It is often the problem of misunderstanding that really caused the wrong case,But the study of facts is by no means simply relying on evidence to complete。In the process of criminal referee,Facts need to be constructed,Except for the evidence identification of this construction,It also needs legal standards to participate,The identification matching between the factors of the case and the specific charges under the guidance of the crime composition,Specifications and facts intertwined with each other,Jointly generate the final criminal judgment。Different closedness of specifications,The fact is changeable、Open、It is difficult to reproduce。Due to the standardized construction and evidence of the criminal case,Facts have different samples at different referee stages,The facts that are finally reflected in the referee documents are not completely consistent with the facts that happened in the case,But because of the legal "shelter", it has judicial effect。The referee of criminal cases can be simply divided into investigation、Review and prosecution、Trial stage,And the facts are quietly completing the transformation,Different stages of criminal case bet365 best casino games referee,shows a unique side。

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Before the legal specifications are involved,The facts of the referee are presented as their most "innocent" state -life facts。The scope of the facts of life is omnipotent: up to the star body operation、Earthquake tsunami,down to human reproduction、Running and playing。Life facts are full of fragmented forms in the entire earth space,、Infinitely complex。But,In many living facts of life,Only a few can enter human vision,There are very few parts that ultimately affected the country、The interests of the society or others enter the scope of criminal investigation。The main body of criminal investigation mainly includes public security and procuratorates,The biggest feature of the facts during the investigation phase is reflected as fragmented、​​The messy,Need to use the investigating agency to use the investigation method to slowly stitch the scattered facts、Real Restore。

The tools for the construction of the investigation organs In addition to criminal specifications,There are also legal facts that are rooted in the inner legal and professional literacy。Legal facts are a specification facts generated according to legal norms,In view of the abstraction of legal specifications,Legal facts cannot list one by one to list the specific state of the facts,It can only depict the rough type of facts in the form of abstract,That is, according to the element or elements of the crime composition, the facts of some life are classified。Legal facts are the standardization of the facts of life、Structure、Value、Types。Facts in the legal context emphasize the specifications of facts,It can be more directly understood as "evaluation"Bet365 lotto review 。Compared with the "facts" expressed in the facts of life,Legal facts are more concerned about "What should it be"。On the one hand, legal facts must be open to the facts of life,It must be physicalized、concrete and empirical,in order to facilitate the formation of concepts; on the other hand, the fact that the foresee of life must be based on legal facts as the orientation。The investigation organs are the characteristics of legal facts,Disassemble the facts of life、Comparison、Inlay,The ins and outs of the case depicting the case。

  Review and prosecution stage: The facts of specific cases

In criminal case,With the end of the investigation,Investigation agencies often transfer the organized criminal files and prosecution opinions to the procuratorate,The facts recorded in legal documents are no longer messy,Instead of serving the crime involved、Specific case facts that conform to crime composition requirements。The facts of the case are a evolution based on the facts of life,or more precisely,Judicial needs,Life facts entered the temple of law with another attitude,Reshape composition of crime composition,The facts of the case are like the soldiers who were described as a soldier,Stir out in many soldiers,It realizes the trivialization of life facts to concrete progress。If there is no life facts,The facts of the case are waterless water、No Wood,Lost the enrollment qualification to enter the standard vision。

The facts of the case are not only a compliance with the facts of life,Also transcendence。Criminal Justice Judgment,Each litigation subject usually pursues the fragments of the facts of life based on their own interests,Solution into the facts that are beneficial to Bet365 lotto review your own case。For example, the confession of the suspect will tend to eliminate or reduce their responsibilities,The statement of the victim's statement is often more inclined to describe the deepening of the responsibility of the suspect and the damage to personal rights and interests,Witness testimony、The facts described in the appraisal survey opinions are biased towards neutral、Objective。So,The facts of the case are not naturally presented in the prosecution of the public prosecution agency,It is necessary to comprehensively known the facts on the other side,At the same time, consider the unknown facts of individual referees in the case,Finally passed evidence、specification、Logic、Experience constructing an indictment submitted to the court。When some facts involved in the case are blurred、When contradictions,The public prosecution agency will take investigation and other methods to supplement the facts,Make the facts of the case more convincing。

  Court trial phase: practical referee facts

The referee facts are confirmed by the people's court,Facts implemented in the referee documents,with subjectivity、Practical、Power and evidence。The court usually passes the evidence in the trial、Certificate of Quality、Question、Debate and other links review the evidence,Then the authenticity of the facts of the case、Legality、association。Evidence of criminal cases is almost done by the investigation authority,Public prosecution agencies have strong strength for factual construction in the trial,So,The role of defense lawyers in criminal case referees appears to be important,This is also the meaning of the implementation of criminal coverage policy。Defense lawyers exclude bet365 best casino games illegal evidence、Investigation and evidence、Certificate and other methods to complete the re -assignment of factual construction power,Ensure that the fairness of the facts of facts,For fair judicial、Avoid the occurrence of wrong cases and wrong cases provided different perspectives and strengths from the public prosecution agency,and the referee can comprehensively based on different perspectives、An objective analysis of the facts of the case,Finally, the referee reference by the referee of similar cases is finally cited through the pretty standard specifications,The final referee of the case。The focus of the facts and "ending" as a referee in the case,Judgment facts and life facts、Legal facts、The facts of the case are the same state of the facts,and closely connected。

First,The facts of the referee are standardized life facts。Before regulating intervention,Life facts exist everywhere,Only a small proportion of life facts will eventually transform into a referee facts,The biggest change of degeneration is that the facts of life carry the standard characteristics,I put on a standard。Life facts under the shaping of specifications,Screening、Reborn、fixed,The final formation is formed、Active referee facts。In short,The facts of the referee are from the facts of life,Standards of Life Facts and Constructions to form a referee facts。

Next,The facts of the referee are the legal facts of the case。Look at the real value judgment,Legal facts and referee facts have standard attributes,or more directly,The facts of the referee are a legal facts。The difference is,Legal facts are abstract、Type,The fact that the referee is specific、Cases; legal facts are suspended bet365 live casino games above life,and the referee facts fall into the paper。Legal facts Most of the time in the comparison of the facts of "invisible" and the facts of the case、Evaluation,After that, "Real Body",A text appears in the referee document,Form the facts of the referee。

again,The facts of the referee are narrative case facts。Similar to the facts of life,The facts of the case can only become the final referee facts (in rare cases,The facts of all cases are recognized as referee facts)。But the facts of the case are already the sample of the fact that the facts of life are transformed,The scope of the facts of the referee is closer,How to organize the facts of the case,Comparison of the facts of the same legal facts,The judge’s narrative skills are indispensable。Under the composition of crime,The subject of the facts of the case、Object、Subjective、In the process of comparing objective elements with legal facts,Narrative bearing a needle -piercing lead、The role of turning and enlightenment。

Last,The fact transformation in the criminal referee follows the stage of judicial and regularity。Life facts as the initial appearance of the referee facts all over the world,Before regulating it without legal norms,There is no legal significance for life facts,It can not be the research object of this article。Intervention of legal specifications,Make the facts of life transform step by step。Under the selection of criminal law,Some living facts transformed into legal facts because of the legal standard,But at this time,Legal facts are abstract,It does not have the significance of the case; when the specific case occurs,,Life facts are derived to form specific、Targeted case facts; criminal law specifications and case facts are constructed,bet365 live casino games Through the discovery of law、Explanation、Research and the comparison of legal facts and case facts The facts of the referee are finally formed。

  (Author Unit: Institute of Law of the Academy of Social Sciences、Social Governance Research Center of Tianjin Academy of Social Sciences)

Editor in charge: Wang Ning
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