in criminal proceedings, people's courts, people's procuratorates and public security organs must rely on the masses, be based on facts and take the law as the criterion. The national civil procedure law, administrative procedure law and criminal procedure law all stipulate that judicial organs must take facts as the basis and law as the criterion when handling cases. This principle includes the following two inseparable aspects:
1. Based on facts. Require judicial organs to proceed from reality, seek truth from facts, and identify the facts of the case according to objective facts;
2. Take the law as the criterion.
When trying an administrative case, the people's court shall ascertain the following facts:
1. Facts ascertained by the administrative organ through investigation;
2. Other facts related to this case;
3. Facts of administrative proceedings.
when trying administrative cases, people's courts should correctly apply laws and judge the legality of specific administrative acts. Specifically, it should be based on the following three types of legal provisions:
1. Administrative substantive law;
2. Administrative procedure law;
3. Administrative Procedure Law.
the relationship between taking facts as the basis and taking law as the criterion is that they are closely linked and indispensable. It is impossible to apply the law correctly if it is not based on facts, and it is impossible to handle the case correctly and convict and sentence correctly even if it is based on true and reliable case facts.
the significance of implementing the principle of taking facts as the basis and taking law as the criterion is in the core position among the basic principles of criminal procedure, which is of great significance for implementing other basic principles of criminal procedure, ensuring the objective and fair handling of cases, and truly establishing the authority of the rule of law.
legal basis
Criminal Procedure Law of the People's Republic of China
Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, be based on facts and take the law as the criterion. All citizens are equal in the application of the law and are not allowed to have any privileges before the law. Article 8 The People's Procuratorate shall exercise legal supervision over criminal proceedings according to law.