Research On Overt Inner Conviction

Overt inner conviction refers to a whole lawsuit process from the case acceptance to making decision. After both parties put their evidence or defend to the court, the judge show the temporary views of case facts and evidence to the parties concerned or interested parties, about the legal relationship involved, the parties concerned or the interested parties may weigh the pros and cons, adjust their own litigation strategy, then made a ruling by a judge, finally makes clear magistrate reason in the judgment. Overt inner conviction has just happened as the continuous development of free intention. Free intention is great progress than the God show evidence and Legal evidence. But, the traditional free intention of the judge was unrestricted and not opened. The faults of the traditional free intention require restriction of the judge's intention. Overt inner conviction is the main measure for restriction of the judge'intention.Overt inner conviction's production is inevitable. Overt inner conviction has theoretical basis. It can prevent suddenly referees, achieve litigation economy, solve dispute rapidly. Implement of Overt inner conviction can make the results of the case more close to the real improve the credibility of the court and overcome the difficult to enforce. Overt inner conviction has reflected in the United States, Germany, Japan and Taiwan's civil lawsuit. In our trial practice, the judge'practice about overt inner conviction is not optimistic. This requires the construction in order to realize overt inner conviction. Full text is divided into five chapters:The first chapter is the overview of overt inner conviction.The chapter first studies the produce of overt inner conviction. Then, give a definition of overt inner conviction and analysis the theoretical condition of overt inner conviction. At last, the article clarifies the relationship between the overt inner conviction and interpretation power.The second chapter is the content and necessity of overt inner conviction.The chapter analysis the three parts of overt inner conviction. Overt inner conviction contains the process of overt inner conviction, the result of overt inner conviction and the reason of overt inner conviction. The object of civil litigation, the program interests of parties and public trial decide that we must implement overt inner conviction.The third chapter is the comparison research of overt inner conviction.This chapter is mainly compared the question of overt inner conviction in the United States, Germany, Japan and our Taiwan, especially the America's pretrial meeting and Germany's "Stuttgart model". These experiences can provide reference for our country. The fourth chapter is the current situation of overt inner conviction in our country.This chapter is mainly from two aspects, one is the legislation reflect, the other is China's practice status. The chapter analysis the legal reflects and then evaluates the lack of legislation. In later, I analyze the problems and resistance of overt inner conviction.The fifth chapter is the construction of overt inner conviction.This chapter is the key of text. In the construction of our country's overt inner conviction, first needs to make clear provisions in legislation. Second, enhance the quality of judges, then, build practical pretrial procedure and perfect the rules of evidence for civil lawsuit are necessary. In order to let the overt inner conviction have restriction, we must improve public supervision. In addition, the chapter analyzes the degree and way of overt inner conviction, the time and implementation of overt inner conviction in detail.