回溯推理及其在刑事司法活动中的运用-逻辑学专业论文.docxVIP

PAGE PAGE VI Abstract Reductive inference is a type of reasoning employed in penal judicial activities. Based on related object law, it is the reasoning that proceeds from known effects and then infers its causes and condions. Its conclusion is probable. Both theoretically and factually, it is an independent type of reasoning. Compared with other types of reasoning, it is characterized by its knowability of the starting point, reversibility of procedure, unstrictness of conventions and probability of conclusion. It runs through different penal judicial activities including the phase of filing a case, investigation, initiation of public prosecution, judgment, etc. In the phase of filing a case, it helps with the inference of credibility of the case filed and the necessity of tracing criminal responsibility. In the phase of investigation, it helps with the projection of investigation, affirmation of the case’s breakthrough point, reappearance of criminal procedure and inference of the suspected. In the phase of initiation of public prosecution, it helps with analysis and affirmation of the case’s type and risibility. In the phase of judgment, it helps with inference of the reasons why the accused refuses to give testimony, gives false testimony, or retracts his testimony. Besides, it can indicate suspicious phenomena that endangers public security and the reasons why those who are released after serving the full term of a sentence commit crime again in the administrative act concerning penal judicature. The problems that should be focused in terms of the application of reductive inference in penal judicial activities are: the enhancement of judiciary official’s professional attainments, a clear knowledge of the secretiveness of the cause and effect relationship in legal act, inference of the uniformity between causes and facts, exposure of unconventional causes under the cover of conventional causes, avoidance of one-sidedness and clarification of the facility of t