On The Disclosure Of Judge's Discretionary Evaluation Under The Perspective Of The Judicial Reform

The Disclosure Of Judge's Discretionary Evaluation is the basic requirement of modern Free Conviction,is the product of the development of modern litigation system,is an important part of modern rule-of-law thought.The Disclosure Of Judge's Discretionary Evaluation has always been to have broad and narrow sense,the former means that in the course starting from the day of filing a case to the day of closing it,the judge shall disclose his or her inner conviction about the facts and the evidence,as well as the legal opinion,which is excluded by the latter,to the parties and the interested persons;however,The Disclosure Of Judge's Discretionary Evaluation in the narrow sense means that the judge shall disclose his or her inner conviction about the facts and the evidence to the parties and the interested persons.According to the goal of judicial reform that "let the people have a deeply feeling of fairness and justice in every judicial case"and the ideal of judicial reform that"let power run in the sun",in this paper,we will take a broadest sense to understand The Disclosure Of Judge's Discretionary Evaluation.So this paper argues that under the perspective of judicial reform,The Disclosure Of Judge's Discretionary Evaluation in the time,the location,the object,and the content should have a broadest meaning,namely,The start to the day of judge independence after contact case this case the parties rights and obligations relations completely eliminated after the date of and even destroy within a reasonable period,the cognizance of the case facts and evidence of inner belief,which is formed by the review and the fact that identify and review evidence on the basis of legal opinions,which is formed by the should timely and properly to the parties and interested persons and the social public.Although this definition of the generalized and the traditional theory of the judge of the public have discount,but it is fit for our country judicial reform at present stage "building open,public,transparent,convenient sun's judicial system" requirements.In the perspective of judicial reform,the judge of our country has a problem of running poorly,declining the ability of public card,and limited the scope of public card.In order to solve these problems and realize the mutual integration and adaptation between the judge's public opinion and the current judicial reform system,this paper attempts to put forward the idea of "reforming the traditional theory" System protection,to multi-channel training and improve the ability of judges to open the card as a key step "system to build the idea.Specifically,this article will start from the following four aspects:The first part is about the historical development of the Disclosure Of Judge's Discretionary Evaluation.The article first interprets and discerns the basic concept,clarifies the relationship between the openness of the card and the openness of the judiciary,the disclosure of the judgment instrument,the openness of the judgment and the right of the judge to interpret the right.The establishment of the predecessor of the heart card-the establishment of traditional free evidence-based on a specific era background,is a historical necessity.In the early days of the establishment of free evidence,it was positive in affirming the discretion of judges,promoting the change of standard of proof and promoting the reform of litigation,but was abused in judicial practice so as to damage the legal predictability and weaken the judicial credibility.The In order to overcome the above drawbacks,to the heart of the card as a basic symbol of the modern free evidence came into being.The purpose of public communication is diversified.It restricts the discretion of the judge and realizes the objective objectivity to prevent the raid and the judicial authority.In order to find out the objective reality and prevent the miscarriage of justice Purpose,in order to protect the subject status of the parties as the fundamental purpose,its theoretical basis includes human rights protection theory,procedural justice theory and judicial participation theory.Although the path of public opinion in our country is not flat,the differences of theory and the ambiguity of legislative attitude are hindered the development of the shackles,but the public is also in the judicial reform of the tide ushered in an unprecedented opportunity for development.The second part is related to the analysis of the problems in the era of judicialreform.Through in-depth study,we can find: in the judicial reform of many initiatives,the center of the judge led to the scope of the judge is limited,the life of the judge under the system of poor accountability;decline.The opening of the card is an important principle that the rule of law can not be discarded.Judicial reform is an imperative measure of contemporary China.Therefore,after analyzing the causes of the above problems separately,how to adjust and innovate the two is parallel to each other and become The core of this paper.The third par mainly talks about the international experience of the public card and the enlightenment.The United States,France,Germany,Japan and other typical countries as well as China's Taiwan region on the psychological legislation of the legislative and judicial practice of inspiration to us,to eliminate the judicial reform from the perspective of the judge and the public debate between the system of discord,you can refer to the following experience: To establish a set of relatively unified and perfect theory of open heart card theory,and the theory to serve the practice for the purpose of legislation to publicize the card as a statutory system or basic principles,and in criminal proceedings and civil litigation are applicable;It is a legal obligation of the judge to open the legal scope of the public,and the judge's card is openly emphasizing the collaboration and interaction between the judge and the client,and is distinguished from the judge's right of interpretation and the reasons for the judgment.The fourth part,we discuss the judicial reform of the judge from the perspective of the establishment of the system.This part is the core of the article,focusing on how to construct a new system that can effectively resolve the contradiction between China's judicial reform and the judge's public opinion.This article explores the three aspects from the logical starting point,the system guarantee and the key step in order to construct a set of public opinion system which conforms to the judicial law and which is complementary to the judicial practice from the three aspects of theory,system and practice.First of all,the innovation of traditional theory of evidence is a logical starting point,which requires us to open the theory of psychological innovation,in the unified interpretation of the law applicable to the field of litigation,to achieve psychological evidence in the judicial reform perspective " ",That is,the scope of the public to expand,open the main fine,open content types,open way diversification.Second,to promote institutionalization and normalization of the card is a system of security,which requires our specific measures for judicial reform of local debugging,and even the need to establish a new system.Specifically,including the establishment of evidence for thecivil litigation as the basic principles,improve the judges occupational protection mechanism,the establishment of psychological incentives and disciplinary mechanism.Finally,multi-channel training and improve the ability of judges to express the card is a key step.Under the premise that the basic theory is complete and the objective condition is sufficient,the strength and the level of the public ability of the judge in the subjective aspect become the key to determine whether the mechanism of public card issuance can run smoothly during the judicial reform period.To this end,this paper argues that it can be explored from the aspects of the selection of excellent judges' electoral system,the establishment of judges' card public capacity evaluation system,the establishment of counseling and exchange meetings of lawyers,the refinement of the division of judges and the division of judges' functions.