Free Evaluation Of Evidence Study

This paper deals with what is related to the free evaluation of evidence through inner conviction, one of the important principles in the evidence act; and opinions are put forward about the framework of China's free evaluation of evidence through inner conviction system.Beginning with the semantic definition, the origin and development of the free evaluation of evidence through inner conviction system, we have analyzed its content and the related issues, expounded some concepts associated with it and made a comparison of the different appraisals made by the two major legal systems. By way of criminal procedure, we have analyzed the current conditions of the free evaluation of evidence through inner cinviction in China and pointed out the necessity of its establishment in China's legal system. Its framework has been defined, its feasibility studied and analyzed and the potential subsequent legal effects analyzed from the angles of legal tradition continuation, the current judical practice and social requirement. Based onall these, we have demonstrated the following legislative propositions:Establishing its framework, i.e., inner convictionrules, inner conviction independence mechanism and inner conviction publicity mechanism.Eliminating irrational inner conviction by means of reinforeement of litigantism, establishment of evidence function procedure and setting up the principles of corroborative confession, and so on.Ensuring rational inner conviction, eg., definitie rules of thumb andlogic rules, the professionalization and status security of judges.