On The Publicity Of Evidence In Civil Action

Reviews the history of the development of litigation, trial procedure has experienced three stages, which are system of divinity evidence, system of legal evidence and the free evaluation of evidence. Although the free evaluation of evidence system sets judges free from the bondage of legal evidence system, it is faced with the problem of abuse of discretion. This is mainly because the traditional free evaluation of evidence system gives absolute guarantee to judge’s discretion. Modern free evaluation of evidence system emphasis more on the modifications and restrictions of evaluation of evidence in order to prevent this phenomenon. The exposition of the free evaluation of evidence is the measure to this problem. It has the function of helping to realize the fairness of litigation, and enhance the efficiency of litigation. More importantly, it has the function of guaranteeing the procedural subject right.At present, our country has no clear rules about the exposition of the free evaluation of evidence. But the academic circles had certain discussion, and also accumulated some experience in practice. So, it has certain theoretical and practical basis in building the exposition of the free evaluation of evidence system in China. Meanwhile, we should foresee the difficulties. Based on comparative study and case study, this article aims at through the study of the exposition of the free evaluation of evidence, to contribution to the establishment of our country’s the exposition of the free evaluation of evidence system. Apart from the introduction and conclusion, this article is divided into three parts.Part one:The theory of the exposition of the free evaluation of evidence. First, this part makes a clear definition about the exposition of the free evaluation of evidence; Secondly, it makes a brief investigation of the history of the exposition of the free evaluation of evidence; At last, it analyses the value of the exposition of the free evaluation of evidence.Part two:Present situation analysis of China’s exposition of the free evaluation of evidence. This part makes a depth analysis about our country’s legislative status and practice status, And it pointed out the defects of our country’s exposition of the free evaluation of evidence, which is very important for the next part.Part three:The improvement of China’s exposition of the free evaluation of evidence. First. this part introduces the necessity of the improvement; Secondly.I discussed the content, time and way of the exposition of the free evaluation of evidence; At last, it introduces the establishment of the support system which includes establishing a high-quality judges, formulating Scientific and strict rules of evidence, establishing a supervisory mechanism and playing the role of lawyers in the legal aid, in order to guarantee the implementation of the exposition of the free evaluation of evidence.