| Free evaluation of evidence is the establishment above the evidencereferee principle foundation of evidence authentication system. Freeevaluation of evidence from origination of the date, its appraisal unable toagree to. As a system following with produce of the England jury system, Freeevaluation of evidence has experienced the nearly 5 centuries long history. Thebasic idea of F free evaluation of evidence has not always changed, it still wasthe modern rule by law cornerstone, is core which the judicial processlaunches. but along with the time progress, Free evaluation of evidenceconstructs on the foundation when abandons of original unconformable idea,it's contained the modern democracy rule by law thought.Free evaluation of evidence origins from the people rebelling against tolegal evidence system, from the machinery evidence authentication principleto humanistic evidence authentication system, is long system vicissitude. Fromthe French jurist Du Pohl ,many scholars for the consummation for freeevaluation of evidence, have made own unremitting endeavor. In 18 century'sends the free evaluation of evidence in France's establishment, is anearth-shaking important matter, symbolized the people from the objectivestandard faith to the psychological cognition. This is a revolution in ourcongnition, which has enlightened the thought for the modern rule by lawidea's establishment and the growth. Nobody can expects the free evaluationof evidence to be able to bring so inconceivable influenc to the modernjudicature, we could say just because the free evaluation of evidence request tothe judicial independent, the legal jurisdiction independently becomes with theexecutive power to one which contends with, it has established the reliablesystem safeguard the socialty with a last relief process.In modern significance, the free evaluation of evidence abandoned thenon-rationality, non-regulations, the nature of secret and no democratization,contained the modern judicature democratic human rights idea. The freeevaluation of evidence which become more rationalization democratization, isa product and sign to our social progresses. The free evaluation of evidenceneeds the ration and conscience support, without the outside influence andindependent moral character, also needs the evidence rule and the heart cardpublicity restriction. Analysis from the idea system, the free evaluation ofevidence which is one evidence judgment and pick system, is the entirelawsuit evidence system domain core concept;Analysis from driven conditionbehavior, the free evaluation of evidence also is the judge's appraisalevidence behavior, and the judge's judicial referee foundational activity.Strong ignorant color evolved from the traditional shape with strong ignorantcolor to the dependence of ration and conscience modern shape, and ittestimony law in society's growing healthy and judicial idea sinking deep intothe hearts of the public. The free evaluation of evidence evolving by thetradition to the modern, is a kind of necessity with the human society becomemore rule by law, also is the free evaluation of evidence which overcomes onekind of surmounting which the flaw and imperfect process obtains.The free evaluation of evidence develops to today, its objectification andexternalization becomes an evidence appraisal domain topic. Simply said that,How to cause judge both based on the rational conscience, follow human'snormal psychological rule to appraise, judge, pick evidence, but not distortthe law by the heart card, attacks litigant's lawsuit right, at the same time alsocan publicize the heart card process and the result to the litigant and the public.The heart card publicity refers to after judge places on trial the case now andthen to decide, all evidence forming the innermost feelings believe are firmlyopen to the litigant and the public, enable to learn about. The heart cardpublicity actually is that appraising the judicial trial process in the evidence,picking the letter evidence the process and the result are publicized, puts thefree evaluation of evidence of the judge in social under the surveillance, thuswill cause the free evaluation of evidence of the judge to objectification andexternalization suppressing capriciousness and illegalization of the judge inthe free evaluation of evidence. The heart card publicity is no doubt arevision and innovation for the modern judicature to the tradition.This article regarding the consummation of The heart card publicity orthe free evaluation of evidence constructing to propose the tentative suggestfrom following four aspects: (1) the outstanding person for judge Asthought enhances judge of entrance the threshold, emphasized judge's moralquality, the legal accomplishment, the society review in succession and theprofessional background employed to judge has the extremely prominentsignificance. Judge's clean body autonomy cannot leave judge's moralaccomplishment and the occupation tutelage, judge automatically is far awaythe rational suspicion case, the image maintenance is extremely important tojudge. (2) consummation evidence system In here, the evidence systemmakes generalized understanding, divides into three aspects to elaboratespecifically: 1st, the establishment evidence rule, the evidence rule establishedbasically hastened with the evidence appraisal pattern, the evidence rule hasreasonably limited the space which judge makes the free evaluation ofevidence. 2nd, the establishment debate principle, in our country lawsuitdebate principle is unperfect, debate principle emphasized litigant's debateresult to the court referee's restraint. 3rd, limited the court evidence right ofinspection, the court initiative evidence right of inspection causes judge to beseparated from without bias and without favor neutrality status, disobeyedthe modern judicature idea. (3) Safeguard jurisdiction independence Thisis the environment which the free evaluation of evidence makes function, thejurisdiction independence key is judge's independence, without judgeindependent ,the heart card of freedom is impossibly realized. (4) Thesurveillance and relief system of heart card publicity on the free evaluationof evidence and the heart card publicity carrying an anticipation supervisesand afterwards relief was necessary. Elaborates to the heart card surveillanceand relief system constructing from following three aspects: 1st, the free auditsystem, the free audit system makes the trial public realization, pursue trialpublicity is the heart card public important condition. The free audit systemhas provided a way to the ordinary populace and news for supervision the freeevaluation of evidence of judge. 2nd, the decision reason public system, thedecision reason publicizes in the great degree is heart card publicity, at thesame time we also believe, the decision reason publicity is the heart cardpublicity's condition. 3rd, the judicial surveillance system, to the jurisdictionthe surveillance and jurisdiction exercising is a synchronization, judge'sindependence should receive the internal discipline restraint, in respects judgeunder the independent premise, establishing the judge's internal disciplinerestraint basis on occupational ethics standard is necessaryIn view of our country's present situation, this article to have pointedsystem consummation of the heart card publicity: First, the discussion towronging call with the free evaluation of evidence, our country in the quitelong time because of the ideology factor, holds the denial and repel manner tothe free evaluation of evidence. The theorists still paused in the discussionwhether have to introduce the free evaluation of evidence .author's viewpointwas the free evaluation of evidence already practices the widespreadutilization in our country, the question is needs to consummate the system.Next, the free evaluation of evidence already has took the actual utilization,the free evaluation of evidence plays the widespread role in our countryjudicature practice, in our country court judge is not having the free evaluationof evidence on the name, but in actual the degree of freedom which the freeevaluation of evidence is extremely widespread. Once more, the flaw of thefree evaluation of evidence, at present the flaw of free evaluation of evidenceis: On the one hand displays on the secret heart card space still tremendous,the more evidence rule incomplete, the judicial surveillance felt more weak,the decision reason secret causes the main reason of the secret heart card;Onthe other hand judge's independence but bring the heart card not free. Ourcountry initiates the court independence but neglects judge's independence, sousually causes the judicature to receive involves too much, judges' heart cardfreely comes under the influence. Once more, the consummation of the freeevaluation of evidence, embarked from the direct words principle, elaboratedthe consummation of the free evaluation of evidence above the debateprinciple. The free evaluation of evidence is a basic lawsuit system, in oursociety as construction and consummation is a complex project, it needs thetheorists and practical realm for a long time but the solid unremitting endeavor.
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