Free Evaluation Of Evidence Of The Nanjing National Government

In this paper，the nanjing national government period of free evaluation of evidence forwriting object，and analyses the free evaluation of evidence in the legal system and thejudicial practice. At the same time,for the system in the pros and cons of the situation wasdiscussed in this paper. Full text are divided into four most, each part to make a briefintroduction:The first part, the free proof generalization of the system。In the introduction of thispaper，the academic circle on the nanjing national government period evidence exists manysystem debate. The main difference is exactly the free evaluation of evidence or legalevidence system. To get a correct conclusion, the first to be clear two systems of theirrespective characteristics and differences. So the first part of the history of the survival ofevidence system environment makes a brief analysis. That is, from a historical perspective tobe a documented explanation，and then compared with the way that the key free proof thecharacteristic of the system.The second part, the nanjing national government period free evaluation of evidencelegal analysis. First, the migration and evolution of the system of free evaluation of evidenceis discussed, then the most typical1935of the Civil Procedure Act and the Code of CriminalProcedure, reveals evidence systemEssentials:1、The probative force of evidence by the courtto determine.2、Investigating each of the evidence by the judge.3、Evidence of completion ofthe investigation after the oral arguments on the facts and the law.4、Judgment shall containthe judgment of reason-that the evidence process.Finally the system of free evaluation ofevidence in the legal system of wartime modifications.The third part, the great war in the practice of the judicial free proof. This part of theadministration of justice in a typical period of the Nanjing National Government as the objectof study, a rule of thumb as a starting point for analysis from the ordinary cases, andparticularly in criminal cases of two obtained was still in the judicial practice with a freeheartcertification system.The fourth part, analyze the free evaluation of evidence in this article. This part of thepositive aspects that from free evaluation of evidence at the time of the progressive, and at that time to the society that the advantages of influence. At the same time from the judicialtrial in the problems, to explain the system still at that time deficiencies.Finally in this paper in conclusion, of the full text has not involved in the administrativelawsuit detailed, and did not study. Because at that time the administrative litigation system isnot perfect, then the system does not make clear evidence of that. The second reason is theauthor of what administrative proceedings in the hand case less, not comprehensive.