From "Truth" to "Consensus in Procedure":New Development of the Fact Finding Criteria Theory in Criminal Litigation

Both the theories of objective truth and legal truth regard the nature of criminal litigation as a process of exploring the facts of a case in question,and annotate by their own understandings focusing how to discover the truth of a case and make criteria like resemblances and assimilation.In fact,the process of criminal litigation should be described as an inter-subject construction activity instead of knowing something in the case.Thus,it is necessary to make among subjects instead of exploring reality,and such activity is the evaluation of reasonableness of communication but not a judgment related to true or false.Therefore,the criteria of fact finding of criminal litigation should be consensus in procedure instead of truth.This understanding upholds an open notion of litigation,make the decision more acceptable,and expand procedural justice,and provide theoretical support for China's harmonious judiciary.