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Research on Free Proof Rule and Free Judicial Evidence in Civil Action

Author: WangXuDong
Tutor: GaoZuoRong
School: Inner Mongolia University
Course: Procedural Law
Keywords: Free evaluation of evidence Probative force Inner conviction Rules of Evidence
CLC: D915.2
Type: Master's thesis
Year: 2008
Downloads: 220
Quote: 1
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Abstract


In modern judicial practice , the judgment of the evidence that the force is mainly done in the way of free evaluation of evidence . Whether common law or civil law , the judge would decide the behavior of the evidence , all embody the spirit of free evaluation of evidence . In China, the existence and development of the system of free evaluation of evidence , but there has been a lot of questions . In this paper, the meaning of the system from the free evaluation of evidence and its emergence and development , analyzes the theoretical basis of the system of free evaluation of evidence . The comparative analysis of the two legal systems national system of free evaluation of evidence , combined with the practical considerations of free evaluation of evidence system , the following conclusions can be found in the relevant provisions of the free evaluation of evidence : China 's existing laws , judicial practice also use with free evaluation of evidence , the future development of the law in China is bound to implement the system of free evaluation of evidence . On this basis , I believe that should implement the concept of procedural justice , establishing the rule of thumb , improve the rules of evidence , to ensure the independent judgment of the judge to ensure that the heart of Open reform trial level system , in order to build the system of protection of free evaluation of evidence in Civil Procedure the system .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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