Thoughts Of Establishment Of The System Of Free Proof

The system of free proof was resourced from Europecontinent, which has been through repeatedly more than 200 years evolutionand development on base of negation on the system of statute evidence.A series of evidence rule and procedure rule which had been used to definefree or not free proof had consisted of evidence system. The system ofmodern free proof is the most scientific in the human rational knowledgescope. Now it is adopted by a lot of countries all over the world. AfterChina had been liberated, between the system of free proof and therealistic evidence system , there were struggles which experienced threestages. In past century 90' s, the system of free proof' s academic has beengiven the affirmation. Moreover, the 64th article of ABOUT CIVIL ACTIONEVIDENCE CERTAIN STIPULATIONS which been promulgated in December 2001 inthe Supreme People' s Court initially approved the system of free proofby the judicial interpretation form which had the legal effect. Nowadaysin our country' s law system, there are hardly correlated evidence ruleand procedure rule involved the system of modern free proof. Certainly,only one article judicial interpretation which simply annotated andinitially approved the system of free proof did not mean establishmentof the system of free proof. Meanwhile under the effect of the traditionalsystem of practical and realistic evidence, it is quotidian that the judgefreely recognized the matter then in the judicial practice without therestraint or super freely. Then judicial widespread trust is greatlyreduced. Even in fild of practice and theory, the necessity,feasibilityand significance of establishment of the system of free proof has beenquestioned . Elaborating the rationale of system of free proof under suchbackground in this article comprehensively , the author elaboratedemphasisly the necessity, the feasibility and significance of theestablishment of the system of free proof. From the judicial practice inour country at present, analysising from the rules of collection evidence, the principle of the rational on tries, the principle of direction , the system of guarantee that is forming judge' s conviction of inner and suitable standard of body, author will present suggestion of constructing the system of free proof in our country in future.