A Pluralistic Theoretical Reflection on Fact Finding——On the Axis of Probability,Belief and Best Evidence
Foreign scholars have put forward a large number of theoretical interpretations of the underlying logic of fact finding.These multiple theories on fact finding aim at deepening the understanding of fact finding activities on the one hand,and at providing an effective normative framework for fact finding on the other.Compared to the rich theoretical constructs from abroad,the theoretical interpretation of fact finding in Chinese jurisprudence appears to be slightly inadequate.On the whole,the pluralist theories of fact finding can be divided into three camps,namely the probability theory,the belief theory and the best evidence theory.The local theoretical construction of fact finding in China should critically draw on and develop these multiple extra-territorial theories on the premise of a complete and accurate understanding of them.
fact-findingthe probability theoryinterpretivismthe belief theorythe best evidence theory
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