Standardization Of Free Evaluation Of Evidence

The trial substantive requirements of evidence,quality certification,certification,the formation of the referee results are based on the trial,the certification is the evidence of evidence into a bridge for the verdict,the evidence system in the construction of the core link.The fact that a judge has a strong subjective sense in his subjective judgment is subjectively seen in objective thinking activities.The principle of free proof dominates the certification activities of judges.It is precisely this principle that gives judges the discretionary power to give judgment to judges Trust,but this freedom is also limited.In the context of substantive hearing,this freedom must be protected in order to give play to the superiority of the judge in the courtroom.It also needs to be restricted to restrict the scope of the testimony firmly within the courtroom,that is,to properly standardize the free testimony.From the case analysis,this paper reveals the significance of the judge's free evaluation of evidence in the open dispute mechanism of civil litigation.Based on the particularity of civil litigation,this type of private rights dispute involves a wide range of areas and has strong regional characteristics.When evaluating a certain evidence,a judge can not judge the presence or absence of strength and strength based solely on the rules of evidence.Judging from the experience of daily life,Judgmental reasoning,which is the meaning of free evidence,to standardize it is extremely necessary.The substantive trial put forward new requirements for judge certification.First of all,the substantive trial should strictly control the quantity and quality of the evidence materials entering the trial so as to improve the efficiency and quality of trial.The construction of the rules of evidence centered on the rules of competencies of evidence is the precondition of the trial center,that is to say,the evidence must be evidence-based during the court trial or at the latest when the judge starts the certification.The judge's free testimony is evidence of evidence Therefore,the judge's certification principles must be based on the principle of evidence referee,not free to expand the content of certification;Secondly,the object of the judge's certification must come from the trial,the subject of the litigation activities by the parties and the judge on the trial Impact of engagement.The object of the judge's accreditation is subject to the parties 'evidence,cross-examination and court proceedings.Respecting the parties' principles of debating,timely consideration of the full debate,urging the parties to actively participate in the trial,the judge should follow the trial principle of direct verbal and centralized hearing and the judge Not to rely on the evidence that was not touched in the trial as the basis for certification and to urge the judge to fully participate in the trial.Finally,the trial substantively emphasizes the important role of trial in the factual judgment of the case and therefore guarantees the independence of the judiciary,the independence of the court and the trial of judges The independence of the right is the starting point of all independence.To guarantee the independence of the judge from the status of the judge and the job is conducive to the judge not being disturbed by the extra-judicial forces during the certification process,which is of great benefit to substantive trial.However,the legislation of our country does not expressly stipulate "the principle of free proof of evidence",which naturally lacks standardization of free proof of evidence and leads to the two extremes to which judges apply:there is a situation that judges misuse their testimony because of the imperfect rules of evidence system,The avoidance of occupational risks,the judge "follow step by step" or even actively call for the promulgation of rules of provocation,the judge's contradictory situation,no matter what is a misunderstanding of the free testimony,are substantive violations of the trial.First,the dilemma lies in the lack of external constraints,such as the imperfect system of rules of evidence ability in our country,many rules of proof and the lack of standardization of the rule of law lead to a serious imbalance between the guarantee and the restriction of the judge's testimony.Second,The reasonable application of free proof requires high-quality judicial personnel.However,the legal and moral qualities of judges in our country fail to reach the expected goals.Their incomplete occupational protection has led to their poor ability to handle the trial and is easily disturbed by unjust irregularities.Therefore,in order to improve the quality of judges 'certification and substantive trial,it is necessary to standardize the judges,free testimony.From the point of view of the problem,we recognize the importance of the free proof of evidence in the certification of judges,and standardize the free proof of evidence from the perspective of the formulation and improvement of external rules and the inherent qualities of judges and occupations.The formulation and improvement of external rules mainly include the construction of evidence rules with evidence capabilities as the core.Reference to the civil law system,the judgment of evidence ability is mainly based on the discretion of judges,and the rule of evidence is excluded.Clearly,the principle guidelines for the determination of force rules Judgment of non-specific evidence to determine the size of the power,improve the application of the rules of thumb mechanism to allow the judge free evidence of compliance.Of course,the professional accomplishment of the judges is an important determinant of the rational use of the free assessment,and the judicial responsibility system is improved under the background of the post system.Strengthening the occupational protection of judges is the intrinsic support for the standardization of the free trial.