On The Proof Of Freedom In Civil Litigation

As with the strict proof of the corresponding concept of free proof,its core connotation is different on the evidence and legal evidence investigation procedure and the use of different objects according to the applicable and flexible way to prove,lighten the burdens of parties,Huan Heyan proved that the rigid lattice for the purpose.In 2012 the "PRC Civil Procedure Law" and the 2015 "the Supreme People's Court on the application of the" PRC Civil Procedure Law Explanation "issued on the one hand,highlights China's legislature attaches importance to the norms of civil procedure,on the other hand,from the revision of the contents of the realization principle,litigation economy the judge reduced the repair method of lawsuit is the main goal and direction of development.However,the free proof as an important way to achieve the principle of litigation economy has not been mentioned in relevant legislation in China,nor has enough attention been paid to it in theoretical circles.In civil law countries such as Germany and Japan both in theory or in the judicial practice of free proof research as well as the provisions are relatively perfect and mature,and all of the free proof system of legislative practice also proved that,in civil litigation proof system is the establishment of freedom of practicing the modern concept of litigation Division the only way which must be passed.Therefore,on the basis of the actual situation in our country,it is necessary to introduce free proof in our civil action and improve the system of proof of civil action in our country.In addition to the introduction and conclusion,this article is divided into four parts,about forty thousand words.The first part is the basic concept of free proof in civil litigation and its expansion.This part mainly focuses on the basic concepts and explore the relevant contents of the proof of freedom,the theory circle of our country on the basic concept of free proof is not clearly defined,we first analyzed the development of free proof,the emergence and development of free proof is summarized through the origin,on the basis of its basic connotation well defined,in order to do a clear understanding of the concept,the basic characteristic is introduced briefly.At the same time,in order to solve the problem of unclear definition of related concepts in our theoretical field,this part will make a comparative analysis with its related concepts,so as to make the concept easier to distinguish and understand.The second part is the analysis of the predicament and necessity of the application of freeproof in our country.This part embarks from the judicial practice of our country,analyze the difficulties and significance of the application of free proof in civil litigation in our country in the legislative and judicial practice,analysis of free proof in the present judicial practice in China the application of the existing system,the lack of practice in the conduct of "double track" phenomenon further pointed out,whether starting from practice or theory,the construction of free proof in civil litigation in China are of great significance and necessity.The third part is the investigation of the extraterritorial theory of free proof.Free proof construction in China is a process from scratch,in order to construct the free proof system in our country objectively and comprehensively,carries on the inspection to the free proof of legislation and theoretical point of view of this part of the extraterritorial law of Germany and Japan and China's Taiwan region,and strive to be extraterritorial legislation and the theory of free proof the application of the relevant provisions,such as the application object,investigation procedures and applicable boundary,a comprehensive and detailed display.It can not only prevent China into the dilemma in the process of building the system behind closed doors,but also on the civil action in our country for reference to provide free proof and guidance system.The fourth part is the concrete construction of free proof in China's civil action.Based on a lot of theoretical research and extraterritorial system reference,this part intends to return to the status quo of our legislation and the characteristics of free proof,and to construct the free proof in civil litigation in China from the applicable object,evidence method and evidence investigation procedure.At the same time,combined with extraterritorial experience,in order to prevent the expansion of the judge's discretion and the impact of litigation justice after the introduction of free proof,the power of judges is also limited according to the applicable objects or the procedure of investigation.Thus,the establishment of free proof in China's civil litigation has the theoretical basis and the possibility of reality.