The Legal Research And Practice Examination Of The Power Of Free Adjudication

The enactment of law originates from life ,but is above the life.The judicial activities have guide influence on social life. "Pengyu Case",a simple case of the compensation for physical injury which happened in 2007, has caused extensive concern in our country. The judge of this case inferred the facts from bate rules,experience rules and etc. Are the legal facts he inferred objective? Who institutes should take the responsibility of proof is an important rule in civil process. When he couldn't provide any evidence for contradicting, should the defendant in this case bear the adverse consequences? These questions are worth of further research. By this case, we discover that the power of free adjudication has been used extensively at present civil judicial procedure and the power of free adjudication is the core part of the civil process. Civil judges exercise the power correctly is the key to guarantee the impartial and efficiency for the civil cases. For that reason , for a judge, how to use the power of free adjudication correctly is the key question which will be researched in this paper.