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An Analysis On The Evidence System Of Free Evaluation

Posted on:2016-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:J R RenFull Text:PDF
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Free evaluation of evidence through inner conviction gives the task of judging evidence to the judge, and authorizes the judge to conclude the weight of proof in a relative free situation. Most countries in the world have already accepted the thought of Free evaluation of evidence through inner conviction. However, in continental law system or Anglo-American law system, law will restrain the judge’s actions of judging evidence. The identification system of our country at present belongs to the system of free proof too. We emphasize the principle of seeking truth from facts and concrete analysis of concrete conditions, furthermore the judge of our country really has very large degree of freedom while using the evidence to assert the case fact. This is exactly one of most important problems that relate to reform the evidence system of our country. No matter which kind of reform scheme will be adopted, the basic goal is improving accuracy and science of the proof activity. It is in this sense, the paper chooses to free proof system to study, and to free proof system in China to improve regulation and made some reflection. This paper is divided into five sections.The first part is the basic connotation free proof. Mainly be elaborated on the meaning and understanding of the process of the emergence and development of free evaluation of evidence. The second part is based on the analysis of the procedural law of the free evaluation of evidence. Free proof clarify the meaning and context of the emergence and development in favor of the correct and comprehensive understanding of the theoretical basis of free proof system, so as to lay a good foundation for building a comprehensive system of free evaluation of evidence. For this reason, this section from dialectical materialism epistemology, logic rules, and rules of thumb and fuzziness procedural understanding these four angles to discuss the legal basis of free evaluation of evidence in the field of procedural law. The third part is mainly on two legal freedom of Evidence were compared. Through comparative analysis of the history and the way foreign regulatory system of free proof of evidence for the planning of our free proof system provides a reference. The fourth part of the reality of the plight of freedom of evidence under our judicial system to start, and then analyze their causes. Mainly from the free evaluation of evidence in our situation and our practice to build free proof system problems exist two elaborate. The main list of free evaluation of evidence in our judicial practice problems and their legislative status quo. In this author advocates:We attitude towards free proof system, should not be avoided and rejected, but should be recognized under the premise of further regulation and improve relevant systems and mechanisms of this system is applicable to construct suitable for China’s freedom of heart Permit system. The fifth basic thinking for freedom of Evidence of standardization. Based on China’s basic national conditions of today, mainly from the evidence elaborate patterns, legal environment, specific safeguards in three aspects, and in respect of the matters raised in his own ideas. Advocates the establishment of evidence system of free proof system and a combination of the rules of evidence, advocates for freedom of evidence to confirm that legislation, rules of evidence advocate perfect system and improve the overall quality of the judges, the verdict justification perfect system, to build and regulate the free proof for China Evidence contribute.
Keywords/Search Tags:Free proof rule, Rules of evidence, Publicity of evaluation of evidence
PDF Full Text Request
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