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| Between the Laws and the Facts |
| 2008-6-2 |
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———A nomologic anlysis on the process of ascertaining facts in judicial adjudication
GENGBao-jian
(Law School ,Wuhan University ,Wuhan 430072 China)
Abstract :The academic circle and the practical circle usually consider the judicial adjudication as a proceess of“ascertaining facrs first ,apply laws later”.By giving it a second thought ,this article establishes an argument of its own that the process of ascertaining facts and the process of applying laws are actually a unified process. It further demonstrates this argument from different levels and from the positive and megative aspects that the laws and facts are inseparable factors. The article makes an analysis in the fact-ascertaining process of a case from the nomologic perspective ,creatively brings forth the viewpoint that the facts of a case shall be divided into evidence facts and law facts ,and correspondently ,the fact-ascertaining process shall be divided into two steps :the step of ascertaining evidence facts and the step of ascertaining law facts. These two steps shall be regulated by procedural laws ,evidence laws and entity laws respectively.
Key words :judicial adjudication ; ascertaining facts ;evidence facts ;law facts |
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