Inner Conviction Of The Value Realization

Discretion of the human justice system established a milestone in history, it is recognized the world today can realize the fact that the most important way to identify a clear and widely applicable and recognized. Present on the freedom to take the ambiguous attitude of evidence, that no provisions of the legislation on judicial practice in the realities of specific practices, resulting in the criminal justice process there are many facts of the case identified the problem areas and loopholes, mainly in the judge's self- activities of the lack of evidence, properly perceived, is not able to correctly deal with cases of proceedings in its own subjective awareness and importance of science; During the trial the judge lack of evidence of subjective awareness activities or supervision, the lack of any constraint of evidence the judge or subjective and arbitrary mechanism, these issues are a serious obstacle to a clear identification of facts of the case, affecting criminal justice justice of the implementation, therefore, research of nner conviction, particularly studies of value realization is necessary.Article is divided into four parts, a total of 30,000 words:The first part of the Discretion of history of Inner conviction. Free evaluation of evidence is the product of long-term development of human history, its existence and has its special economic, political and cultural background, from Roman times to the modern bourgeois revolution, free evaluation of evidence has its own unique and evolving into the process. In order to facilitate a clear presentation and scientific than the author in this part of the modern free evaluation of evidence was established as the time boundary points, respectively, sort out and analyze the establishment of the modern free evaluation of evidence to prove before the dispute settlement methods and the establishment of the modern development of free evaluation of evidence, from discovery rules, analysis of the content. By analyzing the establishment of modern free evaluation of evidence to prove before the dispute settlement methods and the establishment of modern free evaluation of evidence and development of fully explain the principle of free evaluation of evidence is a critically inherited "legal proof of principle" of the product. The author then focuses on the history of our free evaluation of evidence of evolution and current status, indicating no express provision in China and the principle of free evaluation of evidence, but, in practice, some of our facts are precisely the rules and practices consistent with freedom of mind card principle of the contents and requirements, while noting that it is the principle of free proof of China adopted attitudes have led to our principle of free evaluation of evidence for Youguan contain only scattered Di hidden among legal norms in some, but not systematically , integrity of the system construction, especially because the system is not perfect led to the identification facts of the case, there are many problems and loopholes, such as the lack of evidence on monitoring the activities of judges, lack of restraint of evidence Huo subjective judge any system of social security and so arbitrary .The second part of the meaning of the definition of Inner conviction and form. To better understand the freedom of evidence produced, the development of internal rules, in order to further the realization of freedom from internal discovery of evidence of the important factors and the core value of incentives, the focus of some of the internal structure of the free evaluation of evidence, described the basic freedom of evidence elements of composition, that is as free of evidence of the fact that the principal judge of a free evaluation of evidence as evidence that the force object, method or as a free evaluation of evidence based on conscience, reason and the rule of thumb and logical rules of evidence as well as the results of the free inner convinced . On the basis of evidence that the free elements of a lot of content involved with the subjective color, generally a lack of subjective re-affirmed the Biaoxian external and objective, and consequently be easy to achieve external Jian Kong, in this case if not intensify the issues and research, then the free proof of intent is limited evaluation of evidence will become empty, then the value of Inner conviction should be difficult to achieve, for the limitations of free evaluation of evidence and establish a system to protect the value of pave the way discussed.The third part of Inner conviction of the value and limitations. Detailed in this section where the value of Inner conviction of evidence and the existing limitations. Free evaluation of evidence in that case restore the primitive, the pursuit of "real" and the realization of rights protection, the pursuit of "justice" for the positive role, focuses on the limitations and problems exist, such as China's current law provides evidence of different probative force, which greatly weakened the provisions of the free evaluation of evidence of the role of power play; legislation provided for the free evaluation of evidence for the administration of justice fuzzy approach, a very bad reputation of judicial impact, resulting either in legislation or practice are met to the dilemma, as follows: If a judge generally lower the quality, Wo Guo judicial staff and cultural structures and Falvzhishi not high level to a substantial part of judicial officers, and no formal, scientific, systematic professional education; relevant legislation is not tight , to the judges broad discretion left room for abuse of discretion for individual judges the right to provide certain facilities, lack of supervision and control mechanism must.The fourth part the value of Inner conviction to achieve security. Second part the author for free because the legislative and judicial evaluation of evidence for the ambiguous attitude adopted by the breeding of evidence of irrational phenomena, in order to better play free hearts card value, to avoid the unreasonable phenomenon of evidence, the author suggests should face justice Free evaluation of evidence during the trial the existence of objective facts, but should actively take recognition, established attitudes and norms from the specific system, a sound point of view into the criminal system into. I propose here as a free evaluation of evidence by the limitations of their own led to the realization of its value by a certain degree of interference and restrictions, in order to better play to the value of Inner conviction to ensure its healthy operation of the security system must be established to achieve reasonable idea of evidence. And recommended the establishment of a sound from the internal security system and two external security system specific descriptions, especially for the external security system established before the formation of evidence used to form in three stages after the formation of the related issues described. Of course, such division is not absolute, there is a certain degree of cross.In short, we believe, Inner conviction is the rule of law, judicial reform, the important principle of protection of human rights, should be based on Yu socialist concept of law, through study, learn, and Yi Zhi, constantly updated Li Lun, deepening practice and innovation systems Conger establish Jianquanjuyou Chinese characteristics, the principle of Inner conviction of evidence, the ultimate guarantee that the value of Inner conviction achieved in our country.