Yu Haisheng Legal truth in establishing the nature of the object of proof

Abstract: The Chinese criminal law theory has two points of view on the nature of object of proof, as established by the court in the process of criminal judicial proceedings. Their followers find the nature in objective or legal truth accordingly. The dispute between the followers of the concepts of objective and formal (legal) truth appeared on the basis of the differences in the understanding of the nature of epistmic elements of the circumstances of a case in a criminal judicial proceedings. In the opinion of the author the nature of the object of proof is defined by the category of legal truth, since it is more relevant to the actual reality, and it allows to find a logical explanation to the possible mistakes in the evaluation of the circumstances in a case, it supports the concept of priority of procedure and specific features of procedural activities. The discussion of problem of the object of proof is usually followed by the discussion on objective and legal truth, which is basically an epistemic dispute. When a criminal case is initiated the primary goal of law-enforcement bodies is to establish the circumstances of the case. But what are these circumstances? The Chinese theoretical scholars discuss this issue actively, and the main dispute is between the followers of the concepts of objective or legal truth.

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