Research On Publicity Of Discretionary Evaluation In Civil Suit

Publicity of discretionary evaluation means that judges show their opinions of the evidence and legal relationship, the application of the law judgment to the parties and the public, during the whole process of the proceedings which relates to the facts of the case. Publicity of discretionary evaluation is a new development of modern evaluation of evidence system, it is also a practice in many law developed countries and regions, by applying this rules, it’ll bring lots of advance:like promoting the justice of judicature independence, providing the party’s legal right of participation which can lead them to the whole progress, and raising the efficiency which leads to litigation economy and reflect. Actively carry out and implement the publicity of discretionary evaluation is beneficial for the protection of client program in the judicial activity participation rights, and also good for improvement of the efficiency of the proceedings, and a great way to prevent showing of the surprise of the judgment. This article launches the research issues related to civil litigation. This thesis is divided into four parts.The first part is the basic theory of publicity of discretionary evaluation. In order to find out the meaning of the publicity of discretionary evaluation, this part based on the results of previous studies, the connotation of publicity of discretionary evaluation shall be identified. To explore the publicity of discretionary evaluation, this part focus on its purpose and necessity, then based on the combination of the study on the publicity of discretionary evaluation and interpretation right relationship, try to make a clear point on this theory.The second part is under the spirit of "explore". This part tries to seek from the overseas, from Germany, France, America, Japan, to our Taiwan region, Their publicity of discretionary evaluation shall all be investigated.From the exploring in various countries and regions, focuses on analyzing and summarizing the corresponding characteristics, and sums up the development of this theory.The third part focuses on the practice of our country, analyzes the characteristics of the development of disclosure in China, based on the characteristics of the excavation and description, find the problem of our country’s existing problems in publicity of discretionary evaluation from combining with the existing problems, and try to find the causes of the problems, in order to progress and perfect our own theory.The fourth part is to improve our publicity of discretionary evaluation and puts forward some opinions and views; by the combination from both inside and outside, try to enrich and prefect the content of the publicity of discretionary evaluation At the same time, puts forward new requirements on the quality of judges; and builds the system construction of judicial independence system.