The objective truth theory is a theoretical summary of the essential characteristics of the criminal evi-dence system in China,which is based on the epistemology of dialectical materialism,and the theory of value that guaranteeing innocence is superior to punishing crimes.In recent years,the objective truth theory has been constantly attacked from both directions of epistemology and value basis.The objective truth theory itself is not perfect,but so far most of the criticism of the objective truth theory has not hit the point,and many theoretical efforts to replace the objective truth theory themselves have greater problems.To label Chinese criminal proof as the mode of mutual confirmation,and establish a causal relationship between objective truth and mode of Mutual confirmation,exaggerates the status of Mutual confirmation method in the process of finding the objective truth,and misreads the connotation of Mutual confirmation.Story mode,probabilistic reasoning,and inference to the best explanation do not fit the criminal proof context in China,so they cannot become the dominant reasoning model.The dominant methodology of judicial proof is induction.There are two institutional tools in criminal trial,which can make up for the deficiency of methodology and be conducive to the finding of objective truth.
Objective TruthProof ModeProof by Mutual ConfirmationProbabilistic ReasoningIn-ference to the Best Explanation
万方数据
维普
