Open Heart On Civil Action

The purpose of the civil action is to restore the civil legal relationship in the dispute through litigation, so that the right of the citizens themselves can be guaranteed. As a judge of the case, the judge has a great influence on the rights and obligations of the parties. The judge in the trial of the case can not restore completely at the time of the case. They only could analyze the case according to the available evidence through their daily logical inferences and their knowledge of the law. The conformation of the heart is formed on the basis of free judgment. Thus leading to the formation of the important civil litigation law trial principle, free evaluation of evidence principle. Therefore, it is important to make judge's heart to be publicly. Make the parties know what's the judge thinking, for the protection of the rights and obligations of both parties, and for the case of justice.However, the free heart certificate has a certain degree of concealment. The judge is easy to cause the judicial corruption with greater randomness in the judicial process, leading to obstruction of justice and damage to the credibility. In order to prevent the occurrence of such abuse, the judge should be asked to disclose the all aspects of the formation timely to each of the parties and the public, in the process of determining the facts of the case and the admissibility of evidence and applicable law and heart. It mainly includes two aspects: the heart of the reasoning process of the public and the reasons for the formation of evidence. The judge's heart certificate public, on the one hand can prevent and avoid the judge sudden judgment. On the other hand it can ensure the litigant's right to know, promote the reconciliation of the parties.At present, China's legal system in the open system of the heart of the card in the proceedings of the referee instruments are involved, but for the integrity of the contents of the open heart of the evidence is still a lack of clear legislation. This paper from four aspects introduces the open heart certification system. Firstly, it mainly introduces the basic theory of civil litigation open heart, describes the open heart certification basic system certificate from the heart open meaning, characteristics, theoretical foundation, function and open in the judicial practice often appear several types of the parties, which is the basis for the understanding of open heart certification system. Secondly mainly introduces the open heart of the specific circumstances, and also shows that the open heart is a system of different methods and rules under the guidance of specific procedures. Thirdly mainly introduces the current situation of China's civil litigation about open heart, including the status quo of legislation and practice, as well as the shortcomings and problems of the two aspects. Lastly introduces how to improve the open heart certification system in the field of Civil Procedure Law of our country's idea, discusses the open heart certification system construction in our country, and through improving the quality of judges to establish and improve the supervision mechanism, formulate scientific and rigorous proof mechanism and perfect the lawyer system and the system of legal assistance and other four aspects to strengthen the system security and realize better implement, laying a solid foundation for the open heart certification system in our country.