Free Evaluation Of Evidence A Number Of Issues

Some Regulations on Civil Action Proof of the Highest People's Court was practised in April 2002. And the system of free proof in judging evidence was firstly and clearly stipulated in the No.64 Article of it. From then on, a juduging evidence system of law proof combining system of free proof was completed. To make teh content and property of free proof clear, this paper analyses the process of free proof. Still, on this base, this paper gets its view on founding the free proof owning Chinese character in order to promote the free proof growing truely in our country and show its brillance of freedom and logos. There are four parts in this paper.Part One: The summary of system of free proof.From the origine of system of free proof, this paper analyses the meaning of free proof and point out the nature of it believing the logos and consience of judge, and the basic thinking principle is that the forming of reasonable certainty is free itself, but the base of reasonable certainty is unfree. From that, this paper further analyses the different levels of free proof, the different condition of traditionale free proof and modern proof, then states the reasonable of mordern free proof.Part Two: This part analyses the operating process of free proof onjustice.The bounds of free proof is confined to the qualified evidence. But to free value if the evidence is qualified differs from to free proof.In the meanwhile, it dose not disobey the theory of free proof that the qualified evidence is confined by evidence rule. The logical process of free proof consist of valuing the authenticity and power of evidence,and judging proof standard.Proof standard is the essentic issue or free proof. The standard of reasonable certainty and beyond reasonable doubt is tile homologous standard with different express. The precess of free proof indicate that it is aprecess judged with logos. Logos have characters of universality and particularity.Part Three: The Restrict System of Free Proof.System of free proof is a product of from legal ideal to reality. To restrict free proof...