Legitimacy Of The Modern Free Hearts Card

Modern free evaluation of evidence doctrine is one kind of judicial certification for judges to evaluate evidences and find facts,but in our country it has not been adopted.The paper attempts to deepen our legislators' understanding of free evaluation of evidence doctrine, be aware of its necessity and feasibility of its establishment and establish such kind of judicial certification through studying the legitimacy of it.Combined with the research fruit of national legislation and domestic and foreign scholars,the article mainly uses the empirical analysis methods to prove its legitimacy. First ,the paper defines the clue of the study through illustrating the origin, connotation and meaning of legitimacy analysis.By introducing the meaning of legitimacy,the paper defines the significance legitimacy analysis gives to the study of free evaluation of evidence and lays the foundation for legitimacy analysis to the free evaluation of evidence from different perspectives. Second ,the paper defines the research object through illustrating the etymology and definition of free evaluation of evidence doctrine and demonstrates the legitimacy of modern free evaluation of evidence doctrine from perspectives of history, the modern free evaluation of evidence doctrine itself, the need for its existence and external safety mechanisms. One, by illustrating formal evidence system, legal evidence system, the classical and modern free evaluation of evidence doctrine, analyze the rationality and internal defects of the former three kinds of evidence systems and come to a conclusion that the generation of modern free evaluation of evidence doctrine has its historical inevitability because it develops the useful and discards the useless of the former kinds of judicial certification. Two, the subject of Modern free evaluation of evidence doctrine must be filtered by identity limitation system; the scope of the object is strictly restricted by law and a number of principles and rules; evaluating evidences must be based on rules of logic,rules of thumb and reach the standard of proof of probability. Three, modern free evaluation of evidence doctrine is fit in with the purpose of civil procedure to resolve disputes and be safeguarded by adversary system, principles of judicial independence(judges'identity protection),direct and public trial,systems of panel hearing,withdrawal, the publicity of free evaluation and appeal. Finally, put the theoretical analysis on the legitimacy of modern free evaluation of evidence doctrine into practice and explain its construction in China. Come to a conclusion that Modern free evaluation of evidence doctrine does not exist in China through analyzing China's current regulations and corresponding systems. Through analyzing the reasons why the doctrine does not exist in China, the necessity of its construction and China's practical situation,come to a conclusion that our country could take examples from modern free evaluation of evidence doctrine of civil law system and come up with concrete ideas on how to construct it.