Study On The Judge’s Publicity Of Free Evaluation In Civil Action

Free evaluation of evidence system,which requires judges to decide cases entirely comply with their own conscience and rationality,giving judges greater discretion to decide cases as well as stuffed under the scourge which include willful referee and Subjective judgment.As a product of free evaluation of evidence to perfect their body,the publicity of free evaluation emerged.The publicity of free evaluation ask the judges to disclose their insights temporary understanding and application of the law on the facts of the case to the parties and the public in the case proceedings,not only respect the parties’ procedural subject rights,to prevent the occurrence of the raid referee,but also beneficial to litigants accept the judgment after they know the process of judge’s free evaluation,to enhance the credibility of the administration of justice.It can be said,the study of the publicity of free evaluation not only has theoretical significance,but also has practical value.This article uses the analysis,comparison,and theory with practical methods,aims through the study of the publicity of free evaluation,to contribute to the establishment of our country’s publicity of free evaluation.In this paper,a total of thirty thousand words,apart from the introduction and conclusion,this paper is divided into five parts:1.The summarize of the publicity of free evaluation.First,this part make a clear definition about the connotation of the publicity of free evaluation.The publicity of free evaluation is the judge in the case,open his temporary understanding of the facts and legal opinions to a party or interested person when accepting the case to the judgment out,and allow the parties to adjust or supplement the attacking and defending methods,Finally,the judge made the referee and the referee reason;secondly,made a brief investigation from the angle of how the evidence system changed,pointed out the ins and outs of the publicity of free evaluation.Last,the author made a distinction between publicity of free evaluation,elucidatory authority and public trial.Through this part of the discussion,aims to clarify the connotation and extension of the publicity of free evaluation,laying the foundation for the following discussing.2.Theoretical basis of the publicity of free evaluation.This part described the theoretical basis of the publicity of free evaluation,which include the basis of the establishment,legal principle,practical needs,pointed out that the foundation is the protection to the parties,the jurisprudence principle is pluralistic civil purpose and value of pursuit,the practical needs is to prevent the raid referee,through the elaboration of these three aspects to reflects the theoretical value of the study of the publicity of free evaluation.3.Legislation and practice of the publicity of free evaluation in civil law countries and regions.This part through the introduction of Germany,Japan,and China’s Taiwan region of the publicity of free evaluation’s legislative and practice,indicate that the publicity of free evaluation has become increasingly important and emphasized in worldwide.And through a summary of these national and regional legislation and practical experience of the publicity of free evaluation,propose some useful inspiration about how to establish our country’s publicity of free evaluation.4.Present situation analysis of China’s publicity of free evaluation.This part is the focus of this writing.The author made a depth analysis about our country’s legislative status and practice status,through the analysis pointed out that the real obstacles and theoretical question which our country faced.China’s implementation of the publicity of free evaluation mainly faces the current legislation of the publicity of free evaluation provides is insufficient,secret heart cards are common occurrences in practice,the quality of judges is unsatisfactory,the lack of rules of evidence and imperfect reality obstacles.While facing the theory questioning from scholars on our country’s implementation of the publicity of free evaluation,mainly two aspects:first,the publicity of legal opinions easily lead to the intervention of the disposition right between the parties under the theory of traditional subject matter of litigation;the second is how to remedy the judge’ error evaluation of evidence is still a theoretical difficulties.For theory questioning,the author express some views in the text.Introduce the obstacles and doubts of our country’s publicity of free evaluation is not a negation of publicity of free evaluation,on the contrary,it is the understanding of these issues will be more beneficial to our establishment of publicity of free evaluation.5.Chinese road of the publicity of free evaluation.In this part the author proposed the idea about how to establish and improve our country’s publicity of free evaluation.Proposed some recommendations in three main areas,include the legislative perfection,specific building and the establishment of support system.In the part of specific building,The author discussed the content,time,way,the publicity of free evaluation and collegial system,the publicity of free evaluation and appeal trial,and the establishment of the support system includes establish a high-quality judges,formulate Scientific and strict rules of evidence,play the role of lawyers in the legal aid,in order to guarantee the implementation of the publicity of free evaluation.