Study On Modern Free Evaluation Of Evidence

Which means to take to judge evidences is the precondition of whether and how adopt the evidences. The rules of examination and judgement of evidence in our country's code of civil law are too scarce, so the judges are hard to avoid judge evidence subjectively and arbitrarily in practice. In order to make up the deficiencies of the actual law, the supreme court promulgate a law named the rules about evidences in civil procedure which uses other countries'salutary experiences for reference and integrates the situationg of our country as well as the basic diathesis of the judges. It establish the principle of modern free evaluaion of evidence that rules the judges look through the evidences according to the legal procedures. Other than following occupational moralities, the judges should handle logistic illations and experiences of daily life to estimate probative power and evidential ability of evidences roundly and objectively. Moreover,the judges should open the reasons and results of their judgements. The mode of this judgement of evidence which includes abundant connotation of theory laies firm foundation for the enaction of the law of evidence. Therefor, in order to make this article feasible in practice, the writer try to research on it ulteriorly and bring forward some approaches for all-around realization of modern free evaluation of evidence.Besides the introduction and peroration, this article contains 5 chapters. Chapter 1 analyzes the concept of evidentiary adjudication principle, and points out the disadvantages and advantages of evidentiary adjudication principle. Chapter 1 also expounds the inner character of evidence namely both probative power and evidential ability and reveals the important sense of how to use evidences based on the relation of probative power and evidential ability to prove the fact of the cases. By investigating on the development history of the judgement of evidences,chapter 2 points out the characteristics and existent bearings of the evidentiary system of divine denotation and the evidentiary system of legal provision as well as the evidentiary system of traditional free evaluation of evidence. Thereby, chapter 2 makes clear the inevitability of the appearance of modern free evaluation of evidence. Chapter 3 emphasizes on the discussion of the basic signification and idiographic signification of modern free evaluation of evidence and analyse the judges'free evaluation ofevidence under this evidentiary system. It thinks that the freedom the judges had is not absolute and the rule of evidence is the chief thing to restrict it. Chapter 3 also mainly focuses on the why the the evidentiary system of modern free evaluation of evidence must be set up. It thinks that the freedom when judges valuate evidences had and the rule of evidence supplement each other. Chapter 4 analyzes the inevitability and practical connotation of the appearance and development of modern free evaluation of evidence in China. It also puts forward the approaches to set up the evidentiary system of modern free evaluation of evidence roundly in China. This article concludes that although modern free evaluation of evidence canonizes that the rule of evidence definitely prescribe the probative power of certain evidences, the core of this evidentiary system is that judges valuate evidences independently.