论证明过程中的设证推理_以南京彭宇案为例_郑苒.pdf

Evidence Science Vol.22 No.1 2014 30 * 100088 D915.13 A 167401-0030-10 Abduction in Process of Proof-A Case Study of Peng Yu Case in Nanjing. Zheng Ran. China University of Political Science and Law, Beijing 100088 Abstract Compared with deduction and induction, abduction is the most creative reasoning, it can produce new ideas , which is of great signifi cance in the fact-fi nding and the legal discovery processes. Meanwhile, as an inference method, abduction is also used in fact-fi nding activities of the court, specifi cally in the reasoning part of the written judgment. However, due to errors of reasoning made by the fact fi nder and its inherent limitations, abduction would be used improperly, so it is necessary to set the limits and rules of using abduction in fact-fi nding activities to pursue truth ascertainment. Key Words Abduction, Process of proof, Hypotheses, Best explanation, Peng Yu Case abductionCharles Sanders Peirce 1 2 * 1 201247 2 20089 2014 22 1 31