Research On Evaluation Of Evidence Of Civil Procedure

Free evaluation of evidence has been developed about 200 years since it was first written into the French "Code d’instruction criminelle". According to Marxism, early free evaluation of evidence should be subject to criticism because its theoretical foundation resulted from early continental idealism and because of the traces of agnosticism. The modern free evaluation of evidence develops with more detailed changes and its ideological factors have been weakened. In recent years there are more and more researches on modern free evaluation of evidence theory in China and its rationality is generally accepted by Chinese academia. Under the background of reform in Chinese judicial system, the theory of free evaluation of evidence is worthy to be "taken" and its reasonable ingredients are also worthy to be absorbed by us. Then, it can be a integral part of future Chinese judicial system.In the first part of this paper, the basic theory of free evaluation of evidence is described, including its concept, nature, the basic requirements and its value orientation. Especially, Kantian philosophy as the background of free evaluation of evidence is introduced at length. It can be confirmed that the philosophical basis of free evaluation of evidence are subjectivity and General cognitive ability of human by differentiating the third antinomy about freedom and necessity in Kantian epistemological and practical theory.The second part focuses on the historical approach of free evaluation of evidence, including vertical contrast between classical and modern free evaluation of evidence and horizontal contrast between system of legal evidence and free evaluation of evidence. And also the challenges that modern free evaluation of evidence is facing is described.The third part discusses the necessity and feasibility of the establishment of the system of free evaluation of evidence in our civil procedural system. From the perspective of the necessity the free evaluation of evidence is not only a necessary stage of history, but also a security to the independence of Judge. And from the feasibility, the article argues from 4 aspects that Chinese civil procedural system is ready to accept the free evaluation of evidence.The fourth part is the outlook about the establishment of free evaluation of evidence in Chinese civil procedural law system, including internal and external design:the internal constraints are actually methodology, namely logical rules, empirical laws and standard of proof. The external securities and constraints are system design, including the establishment of an independent system of judges, the evidence and debate material security system, the open system of free evaluation of evidence and the after-constraints system.In short, this article attempts to argue that free evaluation of evidence could become one of the focuses of our judicial reform and play a roll to settle dispute by the research of free evaluation of evidence, thereby increasing the authority of Jurisdiction.