The Basis Of Free Proof System:Restriction And Optimization

In the civil procedure of most countries under the rule of law,the system of free proof has become a basic litigation system for evaluating evidence and determining the facts of specific cases widely used by judges in various countries.The system of free proof means that in civil litigation,the law usually does not stipulate how to determine the ability of evidence and the power of proof,how to judge the correlation between the evidence and the facts of the case,but system of free proof to evaluate the evidence and determine the facts by applying the rules of experience and their own rational conscience according to the circumstances of the specific case.Although there are still few regulations on the free proof system in the relevant laws and regulations of our country at present,in the judicial practice of our country,the free proof system has been widely used by the judges in evaluating the evidence and determining the facts of the case.As noted above,the system of free proof,as a system with a greater degree of subjective influence on the individual of the judge,cannot guarantee the objective impartiality of the result of proof and the final outcome of the case if the judge does not restrict it in its application.The rules of experience and the rational conscience of the judge themselves are two important bases for the judge to apply the free proof system,which are mainly reflected in the fact that the judge uses the above two factors as the means to evaluate the evidence and determine the facts of the case,and the result of the evidence must conform to the limitation of the above two factors.Based on several cases,this paper expounds the connotation characteristics of rule of thumb and rational conscience,the application value in practice,the application limitation in practice and the optimization scheme.This paper mainly adopts themethods of literature analysis and comparison,case analysis and comparison,and paper investigation.Through the analysis of two main cases and several auxiliary cases,this paper discusses how to use the rules of experience and their own rational conscience to evaluate evidence,identify facts and determine the outcome of the case,which leads to the positive value of the rule of experience and rational conscience in civil justice practice and the problems to be solved.The rule of experience can optimize the judge's presumption of the facts of the case,but most of the judgment documents do not reflect the process and result of the judge's application of the rule of experience;when a conflicting rule of experience in a case,Rational conscience can guide the judge to deal with the best result.At present,our country is building a socialist society under the rule of law,and the judicial personnel apply the system of free proof reasonably in the trial of cases,which is conducive to safeguarding the fairness and justice of the society and improving the credibility of the people's court.