论文部分内容阅读
本质与现象是客观事物本身固有的不可分割的两个方面,它揭示了事物的内在属性与外在表现的关系.本质不仅寓于现象之中,而且决定着现象;现象虽然掩盖本质,但同时又表现本质.所以,本质与现象的联结关系为我们从复杂纷繁、多变易逝的现象中认识本质,揭示了一条可靠的途径.在司法实践中,遵循这一途径的指引,便能取得实践的成功.例如,江苏某县某所职工李某,因与所内女工金×长期勾搭成奸,为遗妻另娶,于×年×月×日晚23时,在家中将妻子及儿子和女儿用竹刀打击头部致死,并制造了一个盗窃杀人的假现场.办案人员接案后,立即进行现场勘查,法医鉴定,走访群众,均未发现窃贼作案的任何线索,破案走入了死胡同.办案人员不得不重新仔细勘查现场.经查,被撬的橱门内外及物件清洁,没有发现任何血迹和污物,也无搏斗痕迹,这引起了办案人员的警觉.因为,按常规,盗窃杀人现场一般要留下血迹或搏斗痕迹,可现场没有这方面的痕迹.办案人员再查看橱中拉开的三个抽屉,特别是装钱的小抽屉是藏在大抽屉的隐蔽处,不知底细的人是不易找到的.而小抽屉又很小,里面还装满了东西,李某声称被盗了2000多元现金,根据面值,得有很厚一叠子,小抽屉根本就不可能装下,显然2000多元现金被盗是假.李某还声称,出事当日晚11时前就上班去了.法医鉴定被
The essence and the phenomenon are two indivisible aspects of the objective thing itself, which reveals the relationship between the intrinsic attribute and the external manifestation of the thing.The essence is not only in the phenomenon, but also determines the phenomenon. Although the phenomenon covers the essence, at the same time Therefore, the connection between essence and phenomenon has revealed a reliable way for us to understand the essence from the complicated and changeable phenomena, and in judicial practice, following the guideline of this approach, we can obtain the practical For example, an employee of a county in Jiangsu Province, Lee, because long with the female workers gold × long-term hooked into adultery, the wife of another married, at × year × month × 23 pm at home, his wife and son and daughter with bamboo knife Cracked the head and made a deadly scene of robbery and murder.After the investigators took the case, they immediately carried out on-the-spot investigation, forensic examination and visits to the masses and found no clues about the crimes committed by the thieves and solved the case into a dead end. Do not re-examine the scene carefully.After investigation, was prized cabinet door inside and outside and clean objects, did not find any bloodstains and dirt, nor wrestling marks, which caused the investigators to be alert.Because often , The scene of theft to kill the general to leave the blood or fighting traces of the scene there is no trace of this case investigators and then check out the drawer in the three drawers, in particular, is a small drawer filled with money hidden in a large drawer, I do not know the bottom line is not easy to find the small drawer is very small, which is also filled with things, Lee claimed stolen more than 2000 yuan in cash, according to the denomination, have a very thick stack, small drawer simply impossible Installed, apparently 2,000 yuan cash stolen is false .Lee also claimed that the accident went to work before 11 pm the day went to forensic