Analysis Of The Freedom Of Free Evaluation Of Evidence And Vagueness

The late 1980s the open judicial reform, over 20 years experience in the course of winds and rains, made great achievements. verall we judicial reform is in the western modern mode of judgment. This mode of judge simply say to be responsible for the independent trial and the burden of proving damage. Our judicial reform practice in this made a lot of efforts, like making sure the judge's neutral systems, the parties, the more the burden. However, the judicial reality is judicial justice cannot satisfy national for expected. Meanwhile, academic research is also unceasingly thorough. The rapid progress, law research of Germany and Japan, and Anglo-American law of the emerging of the teepee, make litigation system research more subtle. The burden of proof attention, bid farewell to have ignored the rational, do not speak evidence and brutality. Practice and academic joint effort, finally we dare to face the judicial reform "not exceeding the expectation" embarrassment. We have to face will free the consequences of heart syndrome simplification.Traditional textbook, this free heart certificate is simply the comparison with legal evidence system, think freedom heart syndrome is proof of legal prior right evidence masterpiece, the judge can free evaluation provisions. But in fact, freedom is simply not the heart syndrome several laws. Free heart card as a judicial system, represents the essence of modern trial, its the fields involved must be broad, its operation mechanism is inevitably complicated. The heart syndrome is a grand freedom issues, the paper just crave through the free the two big heart syndrome characteristics - freedom and fuzziness of freedom - heart syndrome and the free possible.it heart syndrome and other litigation system, evidence system inner conjunction can peep to know just a little.This paper is divided into two parts. The first part is a free heart syndrome freedom speak. This paper argues that the freedom of traditional speak only refers to the judge free heart syndrome is one-sided. This paper argues that the free, free heart syndrome is more is the freedom of the parties. Therefore, in this part, this first through litigation structure demonstrates its rationality. Free heart card as an important system, should be more reflect is and that supporting structure of action. Then contribute through modern litigation procedure to respond to the parties of freedom. Procedural law in modern obtained fast development, the last decades in the civil procedure law field and the emergence of the so-called "third wave theory". It is not an accident, but and freedom has certain contact heart syndrome. The second part is about freedom of fuzziness of heart syndrome. In this part, first from methodology Angle to analyze the freedom the inevitability of fuzziness produce heart syndrome. Through various litigation system, next to the analysis demonstrated evidence system free of fuzziness of heart syndrome.