On The Restriction And Guarantee Of The Free Heart Certificate In Civil Litigation

The system of free heart is a system commonly used in civil and criminal proceedings in civil law.Discretion is the main contents,the judge is according to the court for judgment of the case facts in the process of all information and situation,based on the judge's free judgment form for concrete is sure that the case facts,to determine the principle to determine the case facts.Although not as substantive law system in Anglo-American law system countries evidence institution of discretion principle,but in the law theory and judicial practice,the trial judge to determine the case facts and in accordance with the principle of free judgment,with no substantial difference between discretion.Due to a combination of various factors,the two big law countries all the evidence to prove that the freedom of value judgment,but the system and mechanism of guarantee of the objective existence,the corresponding theoretical analysis points is different also.