Study On The Perfect Mechanism Of The Publicity Of Free Evaluation In Civil Action

Publicity of free evaluation refers to the judge opening their temporary judgment of the facts and evidence of the case and case related legal opinions to the parties and the public during the whole process of litigation.The publicity of free evaluation plays a very important role in the promotion of substantive justiceand the realization of the litigation benefits.In this paper,we study the relevant contents of the disclosure of evidence in civil procedure in our country.This paper is divided into five parts.Part one: The theory of the publicity of free evaluation.First,this part makes a clear definition about the publicity of the free evaluation on the basis of the research results of other scholars;Secondly,it introduces the characteristics of it,including the subject,object and dynamic process;Finally,this paper describes the content of it.Part two: This part analyzes the theoretical basis and value of publicity of free evaluation.The theoretical basis of it includes the theory of the right of interpretation,the theory of the right of defense and the theory of procedural subject right.On the one hand,its value is embodied in avoiding the sudden judgment and realizing the judicial justice;on the other hand,it is reflected in the improvement of litigation efficiency.Part three: This part focuses on the current situation of our country about legislation and judicial practice.On the basis of summing up the achievements of the development of our country's publicity of free evaluation,we find some problems.Then we analyzes the reasons of these problems.Part four: under the spirit of "explore",this part tries to seek from the overseas,from Germany,Japan,America and France,their publicity of discretionary evaluation shall all be investigated.From the exploring in various countries,focusing on analyzing the corresponding characteristics,this paper have summed up the development of this theory.Part five: this part puts forward the concrete conception to complete the publicity of free evaluation based on the condition of our country,including the perfection of legislation,improvement of supporting measures,construction of related procedures,construction of supervision mechanism and the improvement of court management system.