Explanation of legal facts

Author: Yang Jianjun
Publisher:
Publish Date: 2007-02-01
Features: This book offers some reflections on legal facts, with the main topics of discussion revolving around the following aspects: Part 1: What are legal facts? What content do general scholars refer to when discussing legal facts? How are the true attributes of facts recognized in legal practice. Part 2: From a diachronic perspective, this examines how legal professionals' thinking domains have achieved rational development in the process of fact determination; from a synchronic perspective, it explores the cognitive process and methods of fact determination, primarily based on evidence to ascertain the truthfulness of facts, including: facts determined by evidence, judicial cognition, factual admission, factual presumption, and the allocation of burden of proof when all means of proof have been exhausted and the truth of the facts remains unclear; secondly, the judgment of legal professionals on facts: facts need to be proven with evidence, but the application of evidence rules in judicial practice relies on the subjective initiative of judges. In this process, judges need to combine their intuition, experience, ethics, logic, and scientific methods to make factual judgments. Part 3: This focuses on the linguistic foundations of interpreting facts and the legal normative dimensions of their interpretation. Building on this, it further explores how facts and norms are combined in judicial rulings, as well as the potential legal issues, contradictions, and conflicts that may arise in this process, and tentatively proposes ways to resolve these conflicts.