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国外通过模拟启发理论的运用,在掌握裁判者对间接证据的认识心理的基础上,充分发挥了间接证据的功能。构建间接证据的二元化证明方法,即尊重客观事实的发生概率和裁判者的主观状态,以逻辑推导为主导,以心理构建为辅助,在主客观相冲突时,防止裁判者主观臆断,充分发挥间接证据功能。
Abroad through the use of simulated heuristic theory, on the basis of grasping the cognitive psychology of the indirect evidence, the magistrate has given full play to the function of indirect evidence. The dual proof method of constructing indirect evidence, that is to say, respects the probability of occurrence of objective facts and the subjective state of the referee. It is dominated by logic deduction and psychological construction. When the subjective and objective conflicts occur, it prevents the referee from making subjective assumptions and making full Play indirect evidence.