To Perfect China's Discretional Evaluation Of Evidence

Doctrine of discretional evaluation of evidence produced while inquisitional proceeding was replaced by adversary proceeding. Contrast to doctrine of legal evaluation of evidence, doctrine of discretional evaluation of evidence confers judges power to judge weight of proofs discretionally. The course of determination of facts of a case is actually a course for a judge in adversary system to determine an assumed topic (accusation) whether establish or not. The prosecutor pose an assumed topic-the defendant has committed certain crime, and provide some evidences to support it . On the other hand , the defendant and his agent provide counter evidence to attack the topic . Judges assume there could exist adverse facts and produce reasonable doubt. With the increase of evidences and advance of arguments, the judge come to the state of good faith and determine the fact of the case. If the judge couldn't exclude the possibility of existence of reasonably adverse fact, in another words, he couldn't come to the state of good faith, he will pronounce the defendant "not guilty " .IN order to find facts of cases and restrict judges' subjectivity and abuse of power, doctrine of discretional evaluation of evidence has inherent and systematic restrictions: the base of judgment is evidences in adversary proceeding; judges should conform to logic and experiences; judges must come to the state of "good faith". In Continental Law system, people take great importance to ensure defendant and his agent to attain enough defensive evidences. They have strict status restrictions of judge. They carry out collegial system. Reasons of decisionmust be elaborate. The appeal system also could restrict judges' abuse of power.IN People's Republic Of China, doctrine of discretional evaluation of evidence was criticized in traditional evidence theory, In fact, China's judges carry out an imperfect doctrine of discretional evaluation of evidence. There exist some factors which couldn't guarantee judges to form sound discretions. We should reform our judicial system and build scientific evidence rules.