Research On Free Proof Rule And Free Judicial Evidence In Civil Action

In modern justice practice, the judgment of evidence's weight of Proof was achieved by free proof rule and free judicial evidence. No matter in civil law or common law, judge's behavior of judging the evidence embodies the free proof rule and free judicial evidence. In china, the existence and development of this principle met a lot of obstacles. This thesis started from the meaning and development of this principle, analyzed the theoretical basis of the principle. In comparison with the principle in civil law and common law, we got such conclusion: we can find the relative regulation of free proof rule and free judicial evidence in current law and judicial practice, we are sure to carry out the system of free proof rule and free judicial evidence.In view of above analysis, the author believes that we should carry through the notion of procedure justice, establish the experience rule, perfect the evidence rule, ensure the independent evidence rule and reform the inspecting level institution in order to found the guarantee system of free proof rule and free judicial evidence.