Study On The Application Of Free Evaluation Of Evidence In Civil Procedure In China

Free heart certificate system widely adopted as a modern country under the rule of law of evidence,the fact that the principle of litigation evidence system,has developed more than two hundred years,its rationality is gradually accepted by many scholars in our country,There is no doubt that the free evidence system plays an important role in promoting judges to discover the objective facts of cases and realize the justice of judges.The traditional free heart system emphasizes too much on the absolute freedom of the judge's jurisdiction and lacks the restriction of power.With the criticism of the traditional free heart system,the modern free heart system has come into being.This paper will discuss the modern free heart system.Under the modern free evidence system,the judge's discretion is limited by the rules of experience and logic,and the rules of evidence are used to regulate the evidentiary ability and evidentiary power of evidence.This paper will take this as the object of study,and analyze and demonstrate the application of the free heart evidence system in the field of civil litigation in China.The application of free evaluation is a difficult problem in civil litigation.With the development of judicial reform,the role of evidence system is increasingly prominent.The traditional evidence requirements of seeking truth from facts can not meet the needs of the current legal society,so the application of free evaluation in the field of civil litigation in China is particularly important.This paper will explain the theory of free evaluation,and analyze the problems in the application of free evaluation in the way of case analysis,and put forward the safeguard measures for the application of free evaluation in China,hoping to have some reference value for practical work.This paper is mainly from four parts.The first part is a theoretical overview of the free psychological system,mainly including the concept,characteristics and application of the restrictive rules of the free psychological system.The second part briefly introduces the legal basis of the free evidence system,mainly from the uncertainty of law and the value of fairness and justice pursued by law.The third part discusses the relevant legal provisions and limitations of free heart evidence inChina's civil litigation,and analyzes the problems of free heart evidence in China's practice by means of case analysis,such as improper application of empirical rules,improper distribution of burden of proof and so on.The fourth part discusses the free heart certificate system in our country,the necessity and feasibility analysis,and put forward safeguard measures against the problems exisiting in the application of free evaluation under the exisiting system,mainly concrete from four aspects,including the standard application of empirical rules,the improvement of the standard of proof,the improvement of judges' professional quality,and the strengthening of the disclosure of evidence.