侦查假设与归纳接受理论
发布时间：2019-06-22 09:02
【摘要】： 列宁曾言“任何科学都是应用逻辑”,可见逻辑在人类社会实践中具有非常广泛的意义。但任何一个领域中逻辑的运用都有各自的要求与侧重点,侦查假设是科学假说与侦查工作实践相结合而产生的新的应用理论。侦查假设作为侦查逻辑学研究的主要内容,对于侦查破案具有十分重要的意义,侦查办案的过程中,侦查假设作为侦查思维的基本方式,为侦查活动指明方向、指出具体的侦查步骤并促进侦查工作的发展和深化。可以说,案件侦查工作的每一个环节都离不开侦查假设,也正是侦查假设这根思维的链条,才将案件侦查工作的各个方面和每一个环节连接成为一个整体。由此可见,侦查假设的运用贯穿于案件侦查工作的始终。 本文结合归纳接受的相关理论,分析了侦查假设从提出到最终被接受为侦查结论的整个过程,着重分析了侦查假设的实践检验,以期推动侦查假设的理论研究,为侦查假设在实践中的接受提供可靠的理论支撑,指导侦查实践。本文分为三个部分: 第一部分:侦查假设概述,从侦查假设的涵义入手,在对科学假说界定的基础上提出了侦查假设的涵义,介绍了侦查假设的理论基础;重点运用案例分析法介绍了建立侦查假设的步骤与方法,最后提出了建立侦查假设的逻辑要求:力求所依据事实材料的可靠性、提出的侦查假设应全面完整,以及形成的初步假定要有一定的证明力,能够解释有关的案件事实等。 第二部分:归纳接受理论,由概率接受规则与亨佩尔条件导致的博彩悖论开始讨论,对解决这一悖论的代表性观点予以详细论述:凯伯格主张保留概率接受规则,对亨佩尔条件予以限制;而欣迪卡和希尔皮南主张保留亨佩尔条件而对概率接受规则予以限制;莱维则主张放弃单纯的概率接受规则,把假说的接受问题看成是一个风险型的决策问题。笔者比较赞同莱维的接受理论,因为莱维作为逻辑实用主义者,倡导局部归纳思想,把归纳接受问题视为风险型认知决策问题,为归纳逻辑的研究拓宽了思路。 第三部分:侦查假设的实践接受,此部分是本文的重点,也是本文的创新点和难点。因为实践是检验真理的唯一标准,侦查假设作为一种对案情的认识,其真理性如何,检验的标准也只能是实践,侦查假设应当通过怎样的实践检验而被人们所接受,是研究侦查假设理论的核心问题。此部分探讨了归纳接受理论在侦查实践中的运用,重点论述了侦查假设的验证过程,分析了侦查假设被接受上升为侦查结论实现破案目标的整个过程。
[Abstract]:Lenin once said that "any science is applied logic". It can be seen that logic is of great significance in the practice of human society. However, the application of logic in any field has its own requirements and emphasis, and the investigation hypothesis is a new application theory produced by the combination of scientific hypothesis and investigation practice. Investigation hypothesis, as the main content of investigation logic research, is of great significance for investigation and case solving. In the process of investigation and handling of cases, investigation hypothesis, as the basic way of investigation thinking, points out the direction for investigation activities, points out specific investigation steps and promotes the development and deepening of investigation work. It can be said that every link of the case investigation work can not be separated from the investigation hypothesis, which is the chain of thinking of the investigation hypothesis, which connects all aspects of the case investigation work and each link into a whole. Thus it can be seen that the application of investigation hypothesis runs through the investigation of cases from beginning to end. Based on the relevant theories of induction and acceptance, this paper analyzes the whole process of the investigation hypothesis from being put forward to the final acceptance as the investigation conclusion, and focuses on the practical test of the investigation hypothesis, in order to promote the theoretical research of the investigation hypothesis, provide reliable theoretical support for the acceptance of the investigation hypothesis in practice, and guide the investigation practice. This paper is divided into three parts: the first part: an overview of the investigation hypothesis, starting with the meaning of the investigation hypothesis, on the basis of defining the scientific hypothesis, puts forward the meaning of the investigation hypothesis, and introduces the theoretical basis of the investigation hypothesis; This paper mainly introduces the steps and methods of establishing the investigation hypothesis by using the case analysis method, and finally puts forward the logical requirements for the establishment of the investigation hypothesis: strive for the reliability of the factual materials, the proposed investigation hypothesis should be comprehensive and complete, and the preliminary assumptions should have a certain degree of proof, which can explain the facts of the relevant cases, and so on. In the second part, the theory of acceptance is summarized, and the betting paradox caused by probability acceptance rule and Hempel condition is discussed in detail, and the representative point of view to solve this paradox is discussed in detail: Keberger advocates retaining probability acceptance rule and limiting Hempel condition, while Hindika and Hipinan advocate retaining Hempel condition and limiting probability acceptance rule. Levi advocates abandoning the simple probability acceptance rule and treating the acceptance problem of hypothesis as a risky decision-making problem. The author agrees with Levi's acceptance theory, because Levy, as a logical pragmatist, advocates the idea of local induction and regards the problem of inductive acceptance as a risk cognitive decision-making problem, which broadens the train of thought for the study of inductive logic. The third part: the practical acceptance of investigation hypothesis, this part is the focus of this paper, but also the innovation and difficulty of this paper. Because practice is the only criterion to test the truth, the investigation hypothesis, as a kind of understanding of the case, the standard of examination can only be the practice. What kind of practical test should the investigation hypothesis be accepted by people is the core issue in the study of the investigation hypothesis theory. This part discusses the application of inductive acceptance theory in investigation practice, focuses on the verification process of investigation hypothesis, and analyzes the whole process of the acceptance of investigation hypothesis as the conclusion of investigation to achieve the goal of solving the case.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D918
本文编号：2504432
[Abstract]:Lenin once said that "any science is applied logic". It can be seen that logic is of great significance in the practice of human society. However, the application of logic in any field has its own requirements and emphasis, and the investigation hypothesis is a new application theory produced by the combination of scientific hypothesis and investigation practice. Investigation hypothesis, as the main content of investigation logic research, is of great significance for investigation and case solving. In the process of investigation and handling of cases, investigation hypothesis, as the basic way of investigation thinking, points out the direction for investigation activities, points out specific investigation steps and promotes the development and deepening of investigation work. It can be said that every link of the case investigation work can not be separated from the investigation hypothesis, which is the chain of thinking of the investigation hypothesis, which connects all aspects of the case investigation work and each link into a whole. Thus it can be seen that the application of investigation hypothesis runs through the investigation of cases from beginning to end. Based on the relevant theories of induction and acceptance, this paper analyzes the whole process of the investigation hypothesis from being put forward to the final acceptance as the investigation conclusion, and focuses on the practical test of the investigation hypothesis, in order to promote the theoretical research of the investigation hypothesis, provide reliable theoretical support for the acceptance of the investigation hypothesis in practice, and guide the investigation practice. This paper is divided into three parts: the first part: an overview of the investigation hypothesis, starting with the meaning of the investigation hypothesis, on the basis of defining the scientific hypothesis, puts forward the meaning of the investigation hypothesis, and introduces the theoretical basis of the investigation hypothesis; This paper mainly introduces the steps and methods of establishing the investigation hypothesis by using the case analysis method, and finally puts forward the logical requirements for the establishment of the investigation hypothesis: strive for the reliability of the factual materials, the proposed investigation hypothesis should be comprehensive and complete, and the preliminary assumptions should have a certain degree of proof, which can explain the facts of the relevant cases, and so on. In the second part, the theory of acceptance is summarized, and the betting paradox caused by probability acceptance rule and Hempel condition is discussed in detail, and the representative point of view to solve this paradox is discussed in detail: Keberger advocates retaining probability acceptance rule and limiting Hempel condition, while Hindika and Hipinan advocate retaining Hempel condition and limiting probability acceptance rule. Levi advocates abandoning the simple probability acceptance rule and treating the acceptance problem of hypothesis as a risky decision-making problem. The author agrees with Levi's acceptance theory, because Levy, as a logical pragmatist, advocates the idea of local induction and regards the problem of inductive acceptance as a risk cognitive decision-making problem, which broadens the train of thought for the study of inductive logic. The third part: the practical acceptance of investigation hypothesis, this part is the focus of this paper, but also the innovation and difficulty of this paper. Because practice is the only criterion to test the truth, the investigation hypothesis, as a kind of understanding of the case, the standard of examination can only be the practice. What kind of practical test should the investigation hypothesis be accepted by people is the core issue in the study of the investigation hypothesis theory. This part discusses the application of inductive acceptance theory in investigation practice, focuses on the verification process of investigation hypothesis, and analyzes the whole process of the acceptance of investigation hypothesis as the conclusion of investigation to achieve the goal of solving the case.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D918
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