Study On The System Of Free Heart Of Administrative Litigation

System of free evaluation of evidence in the history of the world have a significant impact,the Anglo American law system which the creation of discretional evaluation of evidence system in many countries has more than two hundred years,it is the fruits of the constitutional revolution.As the legal evidence system to the value of a certain evidence to be analyzed from the surface,the discretion of the judge and the wisdom of the judge.Should introduce the principle of the free heart card system,can make the precise judgment by the difference of the details of the case.The partial surface adopts mechanical legal evidence doctrine can only draw the conclusion of metaphysics.It is necessary to combine the two in order to deduce the reliable judgment.The view that: the intrinsic value of administrative litigation is mainly to limit the expansion of administrative power,protect the legitimate rights and interests of citizens are not subject to illegal intervention;administrative litigation freedom of evidence led to the judge.Two kinds of one-sided understanding have been produced: one is the pure legal evidence;the two is the idea of the traditional freedom of mind.In this paper,the theory of freedom of the administrative litigation from the perspective of the perspective of the theoretical root and social significance,and analyzes the advantages and disadvantages of the above views.Through the full comparison,it is proved that the freedom of the administrative litigation is the principle of the legal provisions,has the important theoretical and practical value.According to the principle of administrative proceedings of free evaluation of evidence drawn the conclusion and according to the measure of legal evidence inconsistent,can set up for special or exceptions to the rules,this can to resolve in a timely manner,is conducive to social harmony and stability and sustainable development in the social contradictions.free heart certificate is not to say,can be arbitrary,free to the determination of facts,is a free and independent judge,according to the trial evidence using one or several known precondition reasoning,and by people in long-term social life accumulation of natural understanding of the laws of the objective world and the loyalty to the law and the professional ethics of judges,without prejudice to the non for improper purpose and motivation,excluding irrelevant factors,the size and relevance of the probative force of evidence make most consistent with the objective of rational judgment.