Criminal Evidence Referee Judges Discretion Study

By analyzing the manner of adjudication through evidences and the factors influencing the adjudication, this thesis tries to explore the nature of judiciary proceedings, especially the essential connotation of the system of discretional evaluation of evidence. The internal basis and rational value of the production of evidences are discussed as seen from the dynamic production process. Then the inclusiveness of principles of evidences and the flexibility of judrcators' adjudication is analyzed, with regard to the factors that restrict the evalution of evidences stand and how rational activities are guaranteed.The author holds that the system of discretional evaluation of evidence is the freedom of judicators' subjective cognition, not the freedom of arbitrary adjudication. The degree of the judicators' cognitive rationally relies on Some factors including working experience, legal accomplishments, discernment, and judging capability, so the judicators' cognitive rationality may expose irrational cognition and defective cognitive ability. Principles of evidences, among other objective factor, are functionally remedial for the limitedness of the judicators' ability in cognition and action. They are constituted to avoid the overcentralization of judicial power and to restrict the arbitration and abuse of Power, and they thus enhance the rational connotation of adjudication of through evidences and guarantee the actualization of impartial judgment. Therefore, it will necessarily end in the combination of both subjective and objective jurisdictional measures.