刑事诉讼中的证据解释与证据推论
发布时间：2018-12-13 00:25
【摘要】：证据解释与证据推论是在刑事司法活动中被广泛运用的事实推理。它是关于证据材料本身的证据资格认定以及证据与证据之间能否相互印证并推出结论的推理，其结论是似真的。证据解释是在证据资格审查过程中证据材料是否具备证据地位的事实推理。证据推论则是以证据解释为前提，，通过多个证据形成完整的推论链，且结论直指最终待证事实的事实推理。与其他推理相比，证据解释与证据推论具有特定语境性、过程回溯性、结论似真性等特点。 证据解释与推论的应用贯穿于整个刑事审判过程中，在举证、质证、认证和用证过程中都离不开证据解释与推论。但学术界很少有学者将关注点放在证据解释与推论方面的理论研究。笔者将尝试对证据解释与推论方面理论进行细致的探索及分析，希望为我国刑事审判中证据运用提供一个相对完善的理论方案。 本文除去导言外分为四部分： 第一部分对证据解释与推论理论研究的缘起进行了概述。具体阐述了刑事错案产生的证据方面原因与非证据方面原因，并通过案例的比较分析得出结论：我国司法实践中证据分析与推论方面出现问题是造成刑事错案频发的根本原因。其中尤以证据瑕疵与证明缺陷最为突出。它促使人们反思证据理论研究存在的不足和方向。 第二部分主要围绕着证据解释与推论研究在证据学研究中的理论价值及在刑事审判中的实践意义进行阐述。加强证据解释与推论研究有助于保障刑事审判客观公正地查明事实，推进我国错案预防体系和错案救济机制的构建，同时对我国民事审判与行政审判中的证据分析也具有借鉴意义。 第三部分主要针对证据解释与推论研究的背景与由来进行阐述。具体探讨证据、事实、案件事实等概念，以及案件事实与证据解释和推论的关系，事实推理与证据解释和推论的关系，并就如何运用证据解释与推论来还原案件事实进行了初步分析，最后介绍了证据解释与推论理论研究的兴起及沿革。 第四部分从理论上对证据解释与推论进行着重分析，这是本文的重点和创新之处。在文中以第四章和第五章的篇幅进行详细阐述。第四章论述证据解释的界定、必要性、作用，同时揭示证据解释规范建立在证据材料合乎法律的基础之上，并结合具体案例就其四个规范进行阐述。第五章论述证据推论的界定、必要性、作用及其基本特征，同时介绍了证据推论的四种主要表现形式。并通过对具体案例的简单图示分别解析直线型推论链、收敛型推论链、发散型推论链及复合型推论链这四种形式。 深化证据解释与推论研究有助于深化证据理论研究，为我国刑事审判提供较为科学的证据分析体系。从理论角度探寻在我国司法审判制度下完善证据分析体系可以有多个不同的路径，证据解释与推论研究只是其中一个方向，并且即使是探讨证据解释与推论也可以有不同的角度，本文仅选取较具代表性和较有实践价值的信息连接视角作了初步探讨。
[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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2;D90-051
本文编号：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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2;D90-051
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本文编号：2375515
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