Study On The Publicity Of Free Evaluation In Civil Action

Although the free evaluation gives judge the freedom of evaluation ,it also causes his abuse of power in bud. As the feature of the modern free evaluation,the publicity of free evaluation is the necessary requirement for the development from the traditional free evaluation to the modern free evaluation. The publicity of free evaluaion is the way to make judge's evaluation objective in theory and also the effective method which will help the parties to avoid the surprise attack from judgement in the practice.The study on the publicity of free evaluation has both theoretical and practical significance.Besides the foreword and conclusion,the thesis comprises four parts.Chapter One mainly introduces the basic theory incuding the meaning,features,backgroud and theoretical basis of the publicity of free evaluation.Diffrent from establishing the system of the publicity of free evaluation,the publicity of free evalation disscussed in the thesis means the publicity during the process of trial which is the judge who trials the case makes his temporary understanding of facts and legal problems public to the parties timely during the process of trial . And the parites will be allowed to add information and express their own opinions which will make them launch an attack and defense to the extent.Compared to the static state of the publicity in the judgement,the publiciy of free evaluation during the process of trial reflets a dynamic process when the judge communicates with the parties to find the facts together. It is in favor of finding the reality and advancing the lawsuit efficiency.Above all,it ensures the partise'procedural subject right in civil action.Chapter Two reviews the extraerritorial legislative and practice of the publicity of free evaluation incuding Germany,France,Japan,America and Taiwan district of China. Nowdays each countrise and regions in the world start to recognize the importance of the publicity of free evaluation.The German Stuttgart mode also initiates the precedent of the publicity of free evaluation in the process of trial.This chapter summarizes the enlightment including promoting the communication between the judge and parties,making the legislative flexible and to promote the function of making the parties to reconcile.Chapter Three analysizes the legislative and pratice of our country and mainly discusses the judge's reasoning before the final judgement .The civil procedural law in our countrise now fixes the publicity of free evaluation in judgement ,but haven't regulate the publicity of free evaluation during the process of trial.The judicial interpretation has some provisions,but it is inattentive.In practice,judges usually hide their evaluation and the publicity of free evaluation is not normative.The development of the publicity of free evaluation in our countries is confronted with the deficiency of legislative and obsacles of conception.Chapter Four puts forward the concrete conception to complete the publicity of free evaluation based on the condition of our country.It trise to set up the procedure including the principals, contents, manners and occasion of the publicity of free evaluation and focuses on the improvement of the legislative . In order to security the function of the publicity of free evaluation, the thesis puts forwad to complete the other relative systems or measures such as improving the quality of judge and to perfect the system of the limitation of time of producing in our country.