刑事訴訟中的證據(jù)解釋與證據(jù)推論
發(fā)布時間：2018-12-13 00:25
【摘要】：證據(jù)解釋與證據(jù)推論是在刑事司法活動中被廣泛運用的事實推理。它是關(guān)于證據(jù)材料本身的證據(jù)資格認定以及證據(jù)與證據(jù)之間能否相互印證并推出結(jié)論的推理，其結(jié)論是似真的。證據(jù)解釋是在證據(jù)資格審查過程中證據(jù)材料是否具備證據(jù)地位的事實推理。證據(jù)推論則是以證據(jù)解釋為前提，，通過多個證據(jù)形成完整的推論鏈，且結(jié)論直指最終待證事實的事實推理。與其他推理相比，證據(jù)解釋與證據(jù)推論具有特定語境性、過程回溯性、結(jié)論似真性等特點。 證據(jù)解釋與推論的應(yīng)用貫穿于整個刑事審判過程中，在舉證、質(zhì)證、認證和用證過程中都離不開證據(jù)解釋與推論。但學(xué)術(shù)界很少有學(xué)者將關(guān)注點放在證據(jù)解釋與推論方面的理論研究。筆者將嘗試對證據(jù)解釋與推論方面理論進行細致的探索及分析，希望為我國刑事審判中證據(jù)運用提供一個相對完善的理論方案。 本文除去導(dǎo)言外分為四部分： 第一部分對證據(jù)解釋與推論理論研究的緣起進行了概述。具體闡述了刑事錯案產(chǎn)生的證據(jù)方面原因與非證據(jù)方面原因，并通過案例的比較分析得出結(jié)論：我國司法實踐中證據(jù)分析與推論方面出現(xiàn)問題是造成刑事錯案頻發(fā)的根本原因。其中尤以證據(jù)瑕疵與證明缺陷最為突出。它促使人們反思證據(jù)理論研究存在的不足和方向。 第二部分主要圍繞著證據(jù)解釋與推論研究在證據(jù)學(xué)研究中的理論價值及在刑事審判中的實踐意義進行闡述。加強證據(jù)解釋與推論研究有助于保障刑事審判客觀公正地查明事實，推進我國錯案預(yù)防體系和錯案救濟機制的構(gòu)建，同時對我國民事審判與行政審判中的證據(jù)分析也具有借鑒意義。 第三部分主要針對證據(jù)解釋與推論研究的背景與由來進行闡述。具體探討證據(jù)、事實、案件事實等概念，以及案件事實與證據(jù)解釋和推論的關(guān)系，事實推理與證據(jù)解釋和推論的關(guān)系，并就如何運用證據(jù)解釋與推論來還原案件事實進行了初步分析，最后介紹了證據(jù)解釋與推論理論研究的興起及沿革。 第四部分從理論上對證據(jù)解釋與推論進行著重分析，這是本文的重點和創(chuàng)新之處。在文中以第四章和第五章的篇幅進行詳細闡述。第四章論述證據(jù)解釋的界定、必要性、作用，同時揭示證據(jù)解釋規(guī)范建立在證據(jù)材料合乎法律的基礎(chǔ)之上，并結(jié)合具體案例就其四個規(guī)范進行闡述。第五章論述證據(jù)推論的界定、必要性、作用及其基本特征，同時介紹了證據(jù)推論的四種主要表現(xiàn)形式。并通過對具體案例的簡單圖示分別解析直線型推論鏈、收斂型推論鏈、發(fā)散型推論鏈及復(fù)合型推論鏈這四種形式。 深化證據(jù)解釋與推論研究有助于深化證據(jù)理論研究，為我國刑事審判提供較為科學(xué)的證據(jù)分析體系。從理論角度探尋在我國司法審判制度下完善證據(jù)分析體系可以有多個不同的路徑，證據(jù)解釋與推論研究只是其中一個方向，并且即使是探討證據(jù)解釋與推論也可以有不同的角度，本文僅選取較具代表性和較有實踐價值的信息連接視角作了初步探討。
[Abstract]:The evidence interpretation and the evidence deduction are the fact-based reasoning widely used in the criminal justice activities. It is the reasoning of the proof of the evidence material itself and the conclusion that the evidence and the evidence can be mutually confirmed and the conclusion is introduced, and the conclusion is that it is true. The evidence is based on the fact that the evidence material has the status of evidence in the process of the qualification examination of the evidence. The evidence inference is the premise of the explanation of the evidence, and the complete inference chain is formed by a plurality of evidences, and the conclusion directly refers to the factual reasoning of the fact to be verified. Compared with other reasoning, the evidence interpretation and the evidence inference have the characteristics of specific context, process backtracking, conclusion plausibility, and the like. The application of the evidence interpretation and the inference runs through the whole criminal trial process, and it is not necessary to explain and push the evidence in the process of proof, quality, certification and use. On the theory of evidence interpretation and inference, there are few scholars in the academic field The author will try to make a detailed exploration and analysis of the theory of evidence interpretation and inference, and hope to provide a relatively perfect theory for the application of evidence in the criminal trial in China. In addition to the introduction, the text is divided into two categories: Part four: The first part is the origin of the study of the theory of evidence interpretation and deduction. The reasons of the evidence and the reasons of the non-evidence in the case of the criminal case are described in detail, and the conclusion is drawn from the comparative analysis of the case: the problem of the evidence analysis and the inference in the judicial practice in China is the frequent occurrence of the criminal error case. The root cause of the evidence. The most prominent of the depression. It has led to the reflection of the existence of the evidence theory. The deficiency and direction. The second part is about the theoretical value of the research of the evidence and the facts in the criminal trial. On the basis of the significance of evidence, the study of strengthening the interpretation and inference of the evidence helps to ensure the objective and fair identification of the facts, to promote the construction of the system of the prevention of the case and the mechanism of the remedy of the case, and to analyze the evidence in the civil trial and the administrative trial in China. It is also useful for reference. The third part is mainly focused on the research of evidence interpretation and inference. In this paper, the relationship between the facts of the case and the interpretation of the evidence, the relationship between the facts of the case and the interpretation of the evidence, the relationship between the facts of the case and the interpretation of the evidence and the inference, and how to use the evidence interpretation and the inference to restore the case In this paper, the preliminary analysis of the facts is carried out, and the explanation and reasoning of the evidence are introduced in the end. On the rise and evolution of the research, the fourth part focuses on the analysis of the explanation and the inference of the evidence, which It's the focus and innovation of this paper. In the text, in the fourth and the fourth chapter, Chapter four discusses the definition, necessity and function of the interpretation of the evidence, and also reveals the establishment of the evidence interpretation standard on the basis of the legal basis of the evidence material, and the specific case In the fifth chapter, the definition, necessity, function and essential characteristics of the evidence deduction are discussed in the fifth chapter, and the evidence is also introduced. The four main forms of the inference are analyzed, and the linear inference chain, the convergence type inference chain, the divergence type inference chain and the divergence type inference chain are respectively analyzed through the simple diagram of the specific case. The four forms of the compound inference chain. The deepening of the evidence interpretation and the inference study can help to deepen the research of the evidence theory and provide a criminal trial for our country. A scientific evidence analysis system is provided. From the theoretical point of view, it is possible to have a number of different paths to improve the evidence analysis system under the judicial system of our country. The research of the evidence and the inference is only one of the directions, and even the evidence solution is discussed. The release and inference can also have different angles, and only the more representative and practical value are selected in this paper.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2;D90-051
本文編號：2375515
[Abstract]:The evidence interpretation and the evidence deduction are the fact-based reasoning widely used in the criminal justice activities. It is the reasoning of the proof of the evidence material itself and the conclusion that the evidence and the evidence can be mutually confirmed and the conclusion is introduced, and the conclusion is that it is true. The evidence is based on the fact that the evidence material has the status of evidence in the process of the qualification examination of the evidence. The evidence inference is the premise of the explanation of the evidence, and the complete inference chain is formed by a plurality of evidences, and the conclusion directly refers to the factual reasoning of the fact to be verified. Compared with other reasoning, the evidence interpretation and the evidence inference have the characteristics of specific context, process backtracking, conclusion plausibility, and the like. The application of the evidence interpretation and the inference runs through the whole criminal trial process, and it is not necessary to explain and push the evidence in the process of proof, quality, certification and use. On the theory of evidence interpretation and inference, there are few scholars in the academic field The author will try to make a detailed exploration and analysis of the theory of evidence interpretation and inference, and hope to provide a relatively perfect theory for the application of evidence in the criminal trial in China. In addition to the introduction, the text is divided into two categories: Part four: The first part is the origin of the study of the theory of evidence interpretation and deduction. The reasons of the evidence and the reasons of the non-evidence in the case of the criminal case are described in detail, and the conclusion is drawn from the comparative analysis of the case: the problem of the evidence analysis and the inference in the judicial practice in China is the frequent occurrence of the criminal error case. The root cause of the evidence. The most prominent of the depression. It has led to the reflection of the existence of the evidence theory. The deficiency and direction. The second part is about the theoretical value of the research of the evidence and the facts in the criminal trial. On the basis of the significance of evidence, the study of strengthening the interpretation and inference of the evidence helps to ensure the objective and fair identification of the facts, to promote the construction of the system of the prevention of the case and the mechanism of the remedy of the case, and to analyze the evidence in the civil trial and the administrative trial in China. It is also useful for reference. The third part is mainly focused on the research of evidence interpretation and inference. In this paper, the relationship between the facts of the case and the interpretation of the evidence, the relationship between the facts of the case and the interpretation of the evidence, the relationship between the facts of the case and the interpretation of the evidence and the inference, and how to use the evidence interpretation and the inference to restore the case In this paper, the preliminary analysis of the facts is carried out, and the explanation and reasoning of the evidence are introduced in the end. On the rise and evolution of the research, the fourth part focuses on the analysis of the explanation and the inference of the evidence, which It's the focus and innovation of this paper. In the text, in the fourth and the fourth chapter, Chapter four discusses the definition, necessity and function of the interpretation of the evidence, and also reveals the establishment of the evidence interpretation standard on the basis of the legal basis of the evidence material, and the specific case In the fifth chapter, the definition, necessity, function and essential characteristics of the evidence deduction are discussed in the fifth chapter, and the evidence is also introduced. The four main forms of the inference are analyzed, and the linear inference chain, the convergence type inference chain, the divergence type inference chain and the divergence type inference chain are respectively analyzed through the simple diagram of the specific case. The four forms of the compound inference chain. The deepening of the evidence interpretation and the inference study can help to deepen the research of the evidence theory and provide a criminal trial for our country. A scientific evidence analysis system is provided. From the theoretical point of view, it is possible to have a number of different paths to improve the evidence analysis system under the judicial system of our country. The research of the evidence and the inference is only one of the directions, and even the evidence solution is discussed. The release and inference can also have different angles, and only the more representative and practical value are selected in this paper.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2;D90-051
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本文編號：2375515
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