Free Evaluation Of Evidence In Criminal Proceedings

Doctrine of discretional evaluation of evidence is stem from Roman LAW. It is said relate to the system of legal evidence. The basic meaning of discretional evidence is that: when affirm the fact of the suit in terms of the evidence information ,the judge can freely determine without the restrain of the rules. Doctrine of discretional evaluation of evidence is the reflection of the progress in human civilization. Doctrine of Discretional Evaluation of Evidence as an important evaluation doctrine was usually adopted to the most country ruled under the law,Doctrine of Discretional Evaluation of Evidence is used in criminal suits trial, however ,we do not called it discretional evidence. It is certain that it is exist in criminal litigation . There is no place in criminal justice and criminal legislation field. Doctrine of discretional evaluation of evidence is to evaluate the evidence in law , which usually apply to court hearing period. The definition of doctrine of discretional evaluation of evidence is that the criminal procedure law will not make a list for the evaluation of the evidence, and authorize the judge to judge freely biased on the empirical rule and logical rule. At last the judge will form a good faith in order to confirm the truth of the case.Thesis is mainly research the definition and organization and the development of discretional evaluation of evidence, Discuss how to establish doctrine of discretional evaluation of evidence in criminal litigation and how to establish mechanism to ensure the utility of the doctrine of discretional evaluation of evidence. The system which can play the capacity of the judge at the same time can prevent the judge from affirming the case subjectively will supply the basis for the judicial fairness.