Research On Free Evaluation Of Evidence In Civil Action

What is the free evaluation of evidence ? It is that the evidence's weight of proof is not ruled by judge makers, but judged freely by judge with his heart and intellect. On the condition of inner conviction, the judge has a conclusion of the facts of a case. The free evaluation of evidence is the principle system of the facts of clarification adopted by many countries. In the view of the research and the practice of the Continental law and the Civil law, the role of the free evaluation of evidence is not moved in spite of the crashing of the development of scientific and technology to the free evaluation of evidence. Our modern research on the free evaluation of evidence has got big improvement. But, from the whole view, it lacks of systematical research. So in this paper, there is a systematical illustration of the free evaluation of evidence. On the foundation of the research of the seniors, comparing the discretional evaluation of evidence of the Continental law and the Civil law, based on our practice of the legislation and the justice, it is concluded that it is feasible to carry out the free evaluation of evidence. On the basis of that, the writer also refers suggestions on the establishment of the free evaluation of evidence. It is hoped to be useful to this theory.