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Free Evaluation Of Evidence Study

Posted on:2006-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:D H ZhuFull Text:PDF
GTID:2206360182476950Subject:Law
Abstract/Summary:PDF Full Text Request
Principle of free proof is the basic evidence evaluation system commonly used in the continental law countries. It's basically means that the judge has the discretionary power to value the evidence and make judgment free from the rules of law when judging the evidence, but it does not mean the complete freedom without any restriction. For the sake of preventing the bias and subject assertion, people invented a complete restricting systems to insure the free proof system to be fairly acted. The thesis introduced the history, content and restricting systems of the free proof system and analyzed the feathers and shortcomings of the systems in our country. Finally, the thesis brings forward two measures for the perfection of the system: Establish the constitution of evidence and perfect the evidence valuing rules, perform the rule of revealing of the discretion.This thesis consisted of four parts, about 41,000 Chinese characters.Part One: Overall view of evidence assessment. Introduced and analyzed the evidence system of prophesy, the evidence system of legality and evidence system of free judicial discretion existed in the history, made it clear that there is no unified objective rules possibly exists in the area of evidence judgment, it only depends on the judges' free conviction, and meanwhile, people can assume this burden with the common ability of cognition possessed by the human beings. Certain political and cultural facts may exert some influences on the procedure of the evidence valuing, but no obstacles exist.Part two: The meaning, content and secure of free judicial Evidence Evaluation system. Firstly, generally speaking, it is a description to the characters of the way to value the evidences in a country's litigation system. Narrowly it is only a legal system in the suit procedure, means a legal system that the sufficiency and admissibility of the evidence is not defined by the laws, but depends on the judge's free conviction during the litigation procedure. Secondly, the content of the principles. The judge is the only party, for the sake of fair and justice, the judge must do his best to value the evidence in the fair, reasonable attitude of the third party. The object of the free proofsystem is the evidence, including the content of oral debate. The content of the free proof system should be the authenticity and relevancy of the evidence. The formation of the inner conviction should be in conformity with the rule of evidence in the law. And finally the thesis discussed the restricting system, the definition to the judge and object in prior, the definition of logical and experience rules, the evidence criteria and the direct define to the authenticity of some evidence by the law during the procedure and the revealing of conviction reasons and appeal system after the procedure.Part Three: The free proof evidence system of our country. Firstly, made it clear that the evidence system applied in our country does not repel the free assessment of evidence by the judges, consequently analyzed its characters of secrecy, indirectness and one-sidedness. Assumed that along with the outcome of the judicial interpretation of the Supreme Peoples Court, the establishment of the system of free evidence evaluation.Part Four: Some proposals for the perfection of free judicial evidence evaluation system in China. For this, we should stress on two points. First, make evidence rules through legislation. Considering situation of legal environment and state of our country, we should consummate the system by convert some effect experiences in legal practice into legal regulations as directing rules to restrict the freedom of judicial evidence evaluation. Second, we should establish the system of revealing the discretional of evidence that is the main feather of modern free proof legal system. It demands the revealing of the content, procedure and result of the free evidence valuing practice. The revealing of the discretional evidence is not only the demand of the co-coordinative trial mode, and also the need for the judiciary just and efficiency and promote the faith of the people to the court and the system of evidence providing limitation. Presently, the revealing of the discretional of evidence should stand on the practice o f court trial, according to the procedure of case trial, divided into before, during and after the court trial. During the process of the revealing of discretional evidence, should pay attention to the degree and neutrality, preventing the delay of trial, and it should cooperate with the right of explanation to achieve the best results.
Keywords/Search Tags:Principle of free proof, Principle of free proof free judicial, Evidence, process of the revealing of Evaluation, Principle of free proof free judicial Evidence, Evaluation process of the revealing of discretional evidence
PDF Full Text Request
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