Free Proof Of Principle In Our Understanding Of The Judicial And Grasp

Judicial proof system system is the core of the litigation system. The humansociety in different phases of the different ideology produces different judicial proofsystem--early absolute freedom of the gods that evidence system, will theconsciousness of god as evidence the basis for decisions; In the period of the feudalsociety legal evidence system, by formulating the rule of law in he form of evidenceof ability and the proof strength questions one by one regulations; The capitalistsociety period, people on the evidence system further understanding, think throughthe rule is not limited to the relevant problems are all evidence response out and onlythe exertion of subjective initiative and combined with certain legal rules, to betterensure the correctness of the judicial proof and trial of justice. The free proof ofprinciple is the people that know the return of justice, it is people make the finaloption, in line with the lawsuit system and the requirements of the lawsuit value,accord with the thing understanding laws.The free proof system is to point to evidence a judge or a jury in ascertaining thefacts in the process, based on their own conscience, and rational basis and logicalrules of thumb, evidence of the proof strength of a free to judge the problem evidencesystem.Although our country law for the free proof no specific principles prescribed in China in the so-called proof system discretion marked with a free proof the nature,and the legislation in China and the relevant judicial interpretations are also about thefree proof of the relevant provisions of the law system of evidence. This paper mainlythrough the four chapter of the free proof evidence system discussed:The first chapter discusses mainly the human society in different periods ofdifferent evidence system. By early absolute freedom of the gods judging system to alegal evidence system and the free proof evidence system clarification: states theevidence of the system produces different time, history background, etc, and kinds ofthe evidence comprehensively and system objective evaluation. Draw out the themeof this paper-the free proof evidence system.The second rules and principles for the free proof comprehensive overview.Describes the principle of free proof as to contents, value and apply the subject, objectand methodology requirements and the free proof will reach the standard of proof.The third rules to our country legislation to comb. First, by analyzing legalsystem, find out the free proof in the introduction of the principle in our country;Second, by analyzing the current legislation and the relevant judicial explanation, andfind out the present legislation and judicial explanation about the free proof of therelated law; Finally, analysis the free proof principle in our judicial applicationproblem. For more comprehensive understanding of the Chinese judicial proof systempresent situation.The fourth chapter mainly through the free proof and evidence principle, theprinciple of the debate, the relevant evidence rules, the principle of thumb and logicalrules and standards of proof of the problems of the relationship betweencomprehensively, more comprehensive and profound understanding and grasping thefree proof principle, in order to better guide our judicial practice.Finally, put forward the judge in conclusion of the summary of the fact thatfreedom and not free, over the full text.