The Research On Open Heart Certification Of Our Civil Trial Procedure

It is impossible to restore the true colors of law case completely when trying a case. Only having the aid of the logical reasoning and daily life experience and legal knowledge grasped, and forming heart assurance from ascertaining the facts of a case on the foundation of free judgement on probative force of existing evidence information, thus judge can form the most important adjudication principle of free evaluation of evidence in modern civil adjudication theory. But this principle’s carrying out depends on the judge’s professional morals and legal attainment Otherwise, it’s easy to produce the arbitrary and surprise judgement, breed judicial corruption, obstruction judicial fairness, and affect judicial public trust. To prevent above-mentioned abuse, publicity of free evaluation has become the inevitable requirement of the development of free evaluation of evidence. Namely the judge should open in time the inference course, content and result of free evaluation of evidence including trial course for the fact of law case believe, evidence pick heart, view and the suitable viewpoint of letter and law believe the heart road course By restricting judge’s willfulness and strengthening the identification of party and public for judge result, he can realize "case-closed and dispute-terminated" and party’s accepting a judgment and droping a lawsuit, raise lawsuit efficiency. Evidently the publicity of free evaluation is the most effective restricting way of free evaluation of evidence, having become it’s indispensable part.On the present our nation’s legislation doesn’t make clear the principle of free evaluation of evidence. In the judicial practice there’re many different opinions on the free evaluation and the publicity of free evaluation. Therefore, to construct the system of publicity of free evaluation, first we should establish judge’s right in the basic principle of civil procedural law and the duty of opening the free evaluation. Secondly, install the content, way, program, standard and time node of the publicity of free evaluation. Finally, supplement with the appropriate and restriction etc. stipulations of supervisor mechanism and heart certificate.Thus it not only can let the judge bring into play subjective activity, but also restrict the judge’s willfulness, so that ensure the party can get the necessary suggestion and suitable guidance from the judge in litigation process, and raise the judicial public trust, and realization the judicial fairness.