Case Fact Determination Theory

Author: Fang Jingang
Publisher:
Publish Date: 2005-08-01
Features: The work of the court mainly consists of two aspects: determining the facts of the case and applying the law. Currently, in China's judicial practice, the vast majority of disputes between the two parties are over factual issues rather than legal issues. The Supreme People's Court's emphasis on the interpretation of law alone is far from sufficient. The author comparatively analyzes the similarities and differences between the common law system and the civil law system in terms of case fact determination during trials from different levels and perspectives. The analysis explores the theoretical foundations, operational conditions, and advantages and disadvantages of the systematic approaches they adopt in this regard. Then, against the backdrop of these theories, the author proposes his own recommendations in response to the existing problems in case fact determination in China and some solutions that have already been proposed by experts and scholars.