Research On The Free Evaluation Of Evidence In Civil Litigation System

Free proof system is the principle of modern States facts system.In order to ensure reasonable facts as objectively as possible,you must give the judge the power to judge the evidence value of freedom,and comprehensive guide of such powers and constraints.The dissertation focuses on system of free proof,to civil for Center,on China related legislation and practice,and extraterritorial free heart card system history development and the revelation,and established free heart card system of need and feasibility,and free heart card system of run guarantees for has full system to theory analysis and argument,to rich China evidence system theory research results,for China civil evidence system legislation This article is divided into four parts.The first chapteron the effectiveness of exemption clause in an insurance contract dispute case and related issues in its case on the basis of proposed judges in judicial practice has in fact been widely used "free proof" cases,we do not want to be considered to establish system of discretional evaluation of evidence,and should consider how to establish the system of free evaluation of evidence?The second chapter on civil procedure legislation of the system of free evaluation of evidence,lack of practice and discussion.Consider 105 new civil procedural law judicial interpretation has given legal status to the principle of free evaluation of evidence;That the judges had in common in judicial practice in China to practice the free evaluation of evidence,as well as the current evidence system there are still legislative deficiency,try external non-rational factors in disturbance,excessive discretionary power of judges and other issues.The third chapter is about the investigation of the historical development of the system of free evaluation of evidence and theory.The aim of this section for the modern construction of evidence system of our country to provide real references and theoretical support.This chapter first in earlier civil litigation of civil law of free evaluation of evidence and legal evidence was introduced.Secondly,the formation of the modern inner conviction system in continental law system and development,carried out a more comprehensive study.Further more,in civil law and common law system of free evaluation of evidence is compared,proves that the two legal systems differs from system of free evaluation of evidence.Finally,by comparing the content of free proof between two legal systems and the development process,that the fit with historical and cultural background of the continental law system in China more,constructing the system of free evaluation of evidence shall mainly refer to the civil law experience.The fourth chapter is the necessity and feasibility of establishing the system of free evaluation of evidence.Considered in the process of establishing the system of free evaluation of evidence is an action known requirement of the law,are necessary to improve judicial practice in China.Article noted that judicial independence provides for the establishment of the system of free evaluation of evidence to provide a legal basis for free proof of legal practice for the establishment of the system of free evaluation of evidence to provide a realistic basis,quality of judges cannot be rejected by reason of the system of free evaluation of evidence,proof theory studies for the establishment of the system of free evaluation of evidence provided a theoretical basis.The fifth chapter is the system of free evaluation of evidence.This section can be said to be of my inner conviction system the key to efficient operation.Paper on the free evaluation of evidence supporting measures from reasonable proof of prior protection goes to the heart of effective control to no reasonable proof of ex-post control is discussed in turn.On discretional evaluation of prior protection,from standard and discretional evaluation independence with the free evaluation of evidence,judges neutrality and freedom of free evaluation of evidence,collegiality and proof,four aspects are discussed.On the effective control of the process,from considering the principle of reasonableness,debate,the principle of evidentiary adjudication and the point of view of the burden of proof,discusses the constraints on discretional.Including direct,rhetoric,the principle of public trial,principles of rationality on the formation of discretional evaluation support the relationship,is the premise of the discretional rationality and security;Debate of the delineation of the scope of application of the system of free evaluation of evidence;Burden of proof on the restriction of the free evaluation of evidence is mainly reflected in,judges are not free to decide the allocation of the burden of proof.Ex post facto restriction on unreasonable evaluation of evidence including the discretional judgment justified requirement of restriction,restriction of appeal and retrial system of free evaluation of evidence.