Argumentation Of Free Proof Rule

Recognizing "fact" is a key point in litigation and reflects the linking of litigious activities with objective reality as well. However, how to realize the fact, and what position the judge will take during finding these facts, will vary depending on different situations in different countries, also taking into account the overall historical attitude, mankind takes on the rational conclusion to litigious regulation and experiences. Free proof rule created tremendous effect in the world since continental law was defined as litigious regulation. This essay takes leading free proof rule into china as a core, discusses the historical development and rational value of free proof, compares the practical and realistic evidence system with free proof rule, and proves the possibility and necessity of leading free proof rule into current china. As well as judge's arbitrariness resulted by free proof rule be concerned, referring to other countries experiences and scholars' theories, this paper also submits the regular and rational restricting proposition.