Discusses The Judge On Justice Judgement Power Of The Civil Evidence

In the long time,although our country has been reluctant to face up to the issue of the Judicial discretion. However, in the trial practice, especially in the process of application of the rules of evidence, judicial discretion was particularly conspicuous. The emergence of the judicial discretion itself is developed in order to fill the defect of the Statutes such as hysteresis and rigidity. Because our community had been constantly changing and developing, but the Statutes can't adjusts to the community's changing and developing. The emergence of the judicial discretion was adapt this requirement. It not only promote the development of the judiciary, but also tends to be easier achieve the objective truth. But we always use the judicial discretion will lead a large number of side-effects such as corruption. The emergence of judicial discretion itself does not inevitably lead to corruption, only abused by the justice. Judicial discretion will lead to corruption. Therefor, the judge should use the judicial discretion reasonably to allocate and balance of the justice. Certainly, when we discuss the judicial discretion, we can't neglect the free evaluation of evidence. This text I divided into three parts:Firstly, from the perspective of free evaluation of evidence to talk about judicial discretion, and the worthing of mainly talks about the inherent correlation of the free evaluation of evidence the civil rules evidence is applied in judicial discretion. Secondly, this part is the text's focus, mainly talks about the judge on the judicial discretion's status. At last, mainly talks about the judge on the judicial discretion's abuse and coercion. I hope that study about the judge on the judicial discretion of the civil evidence will attract more person's attention.