论诉讼中的证据推理

诉讼中的证据推理是建构司法裁决三段论小前提的推理,它是事实裁判者在查明案件事实的过程中,为发现或确认证据以及基于证据确认案件事实所进行的推理活动,它包括关于证据的推理与运用证据的推理两个层面,其本质特征在于逻辑上的可废止性.论证模式与叙事模式构成了证据推理的基本模式,这两种模式在证据推理过程中具有不同的特点和作用.

On Evidential Reasoning in Litigation

As the form of rational thinking by which the minor premises of judicial syllogism can be obtained, evidential reasoning in the process of the proceedings is a series of inferences made by the judge to find evidence and case facts. It includes two aspects, i.e. the reasoning about evidence, and reasoning with evidence. Its natural characteristic is the logical defeasibility. Two basic models of evidential reasoning, namely the argument-based model, and the story-based model, have different features and effects.