Free Evaluation Of Evidence Study

From a historical point of view, free proof system is built up on the basis of criticizing against the statutory evidence system. As a relative concept, free proof system rejects the formalism of the rules of evidence's rules. In free proof system, the judge has the power to evaluate the evidence freely and make a decision in the heart with his own conscience, under the guidance of the rule of thumb. Meanwhile, the freedom in free proof system is limited by law. It should be subject to restrictions and limitations in order to overcome its shortcomings, which is too strong subjective, in case the judges are unconscionable.Through the introduction and analysis of relative content of free proof system and integrated with the shortcomings and flaws in our country's legal system, this thesis provide advice for the built-up of free proof system in China. This thesis falls into five parts. Part one is the introduction of the forming process of free proof system and its value, compared to divinity evidence system and statutory evidence system. Part two is elaboration of the fundamental content of free proof system, including the freedom for the judge to evaluation the evidence, inner conviction and the rule of thumb. Part three emphasizes how to limit the free proof system through evidence doctrine, rules of presumption and disclosure of inner conviction to public. Part four reveals the realistic problems confronted by jurisdiction and the shortcomings in China's legal system. At last, part five provides advice for the built-up of free proof system in China.