| Free proof is the fundamental system for judge's confirmation of facts in modem civil litigation.The system of free poof is the system of principle with the respect to confirmation of facts in modem countries with sound legal system.To secure the reasonableness for confirmation of facts,the power of evaluating the evidence freely must be vested with judges,at the same time,this power hereof should be instructed and checked comprehensively.Affected by dialectical materialism epistemology,for a long time,the civil evidence of our country legislates to follow the evidence system of fact Seeking Truth, but in our country's civil judicial practice,the judge judges the evidence and asserts facts receives regular restraint of the legal rule or the evidence less,judge and enjoy great freedom right of cutting out etc.on fact assert in evidence,the system and to deviate from practice are a judge of our country a fact is asserted unstandardly,the fact asserts the basic reason with poor quality.This text is just under this realistic background,regard civil action as and investigate the centre,pass the historical development orbit to the free heart card,such respects as the security mechanism of the forming process and heart of the theoretical foundation of the heart card,heart card with rationalized card,etc.Dr.eye:are analysed and proved in an all-round way,systematically,think the heart card of freedom is that the fact asserts a kind of natural phenomena in the activity,important function that the judge's personality factor has in the case fact is asserted,the fact that the judge asserts through the heart card is not a pure objective fact,its value that has already mixed the judge is considered,the quality, fact of heart card rationality and heart card subject assert there is close ties in the rationality that the procedure sets up.Have probed into the question existing in the system of evaluation of evidential matter of our country on this basis,propose the corresponding solution.
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