On the Essence of the Corpus Delicti Confirmation in Criminal Judicature
DONG Yu-ting (Law School,Heilongjiang University,Harbin,Heilongjiang 150080,China)
In the research field of jural fact theory,the corpus delicti confirmed in criminal judicature is a kind of jural fact,not objective fact. During the process of confirmation,whether the corpus delicti can be confirmed connects directly with the judge's confidence. As long as the corpus delicti confirmed through the criminal judicature procedure has reasonable acceptability,we would have enough reason to believe or assume that it is true. There are noumenal and procedural requirements on the reasonable acceptability. Both the noumenon and procedure found the basis of the corpus delicti's reasonable acceptability. The rea-sonable acceptability sets a noumenal limit for corpus delicti.
【CateGory Index】： D925.2