Research On Free Evaluation Of Evidence Through Inner Conviction

Free evaluation of evidence through inner conviction gives the task ofjudging evidence to the judge, and authorizes the judge to conclude the weightof proof in a relative free situation. Most countries in the world have alreadyaccepted the thought of Free evaluation of evidence through inner conviction.However, in continental law system or Anglo -American law system, law willrestrain the judge's actions of judging evidence. The identification system ofour country at present belongs to the system of free proof too. We emphasizethe principle of seeking truth from facts and concrete analysis of concreteconditions, furthermore the judge of our country really has very large degreeof freedom while using the evidence to assert the case fact. This is exactly oneof most important problems that relate to reform the evidence system of ourcountry. No matter which kind of reform scheme will be adopted, the basicgoal is improving accuracy and science of the proof activity.1. Gradual progress of the evidence system-production of Free evaluationof evidence through inner conviction.The production of Free evaluation of evidence through inner conviction isaccording to the development of evidence system. There are three kinds ofevidence systems mainly in human history, System of divinity evidence,System of legal evidence and Free evaluation of evidence through innerconviction. Divinity judges dispute in System of divinity evidence. Accordingto multi-forms of evidence, System of legal evidence stipulates the weight ofproof of various kinds of evidences and the rule of judging evidence inadvance. The judge must make the judgement by obeying this rule, and has noright to judge the evidence according to his own freedom.With the development of society, backwardness and feudal of System ofdivinity evidence and System of legal evidence have not met the needs ofjudicial practice. Free evaluation of evidence through inner conviction setsfoot on the stage of history since then. Free evaluation of evidence throughinner conviction do not stipulates the weight of proof of various kinds ofevidences and the rule of judging evidence in advance. The choice of theevidence, the size of weight of proof and the facts in the case is freelydetermined by the judge according to his one's own conscience. Free evaluation of evidence through inner conviction, which was resultsfrom the feudal society to the capitalist society, is one kind of scientific andrational evidence system. During this turbulent period, politics, economy,science and technology, thought, legal system worked great changes whichoffered possible soil and background for production of Free evaluation ofevidence through inner conviction. Free evaluation of evidence through innerconviction was established in France for the first time, and exerted anextensive influence in the world. As any new things, Free evaluation ofevidence through inner conviction goes through the process of maturing. Theprocess is from absolute free evaluation to relative and from traditional tomodern free evaluation.2. Philosophical foundation of Free evaluation of evidence through innerconvictionThe traditional Free evaluation of evidence through inner conviction putsundue emphasis on absolute freedom. It is the embodiment of the Idealism.The modern Free evaluation of evidence through inner convictionacknowledges that it is only a kind of relative freedom. When the judge freelyjudges evidence, his behavior will be restricted by a series of legal rules. So,what Free evaluation of evidence through inner conviction reflected is thespirit of the Materialism. The reflection is embodied in the following threerespects: Free evaluation of evidence through inner conviction embodies thefollowing theory of Dialectical Materialism " the material determinesconsciousness, consciousness reacts to the material"; Free evaluation ofevidence through inner conviction is the embodiment of the DialecticalMaterialism Determinism; Free evaluation of evidence through innerconviction is the embodiment of the Dialectical Materialism Knowability.3. Logical constitution of Free evaluation of evidence through innerconviction.The law of evidence in the world only has two major pillars, which is"appraisal ability of the main body" and "weight of proof of the object ". Freeevaluation of evidence through inner conviction is one of the basic principlesof the law of evidence. When attempting to analyse its logical form, we canproceed with these two respects.(1) "Appraisal ability of the main body ": Two levels should be analysedhere. One is "what is the main body", the other one is "How is the appraisalability of the main body"."What is the main body": The judge is the main body and the only bodyof Free evaluation of evidence through inner conviction. Among this activity,appraising evidence includes such actions: analyzing evidence, examining theconnection of evidence and case fact and confirming evidence's weight ofproof finally. These actions will be finished by the judge. So, the judge shallbecome the main body of Free evaluation of evidence through inner convictionnaturally. There are other participants appraising evidence in the criminalproceeding, such as charges, countercharges, third party, witness and appraiser,how ever, their appraising must be determine by the judge. On the other hand,legislators have only confirmed an abstract identification standard in the law.That is the Probabilistic. Later the judge shall judge various kinds of evidencesby himself, and legislators have not participated in whole evaluation ofevidential matter in fact. So participants in criminal proceedings andlegislators are not the main body of Free evaluation of evidence through innerconviction."How is the appraisal ability of the main body": As the main body, thejudge should have ability to appraise at first. The next step is how to exercise it.First: Under Free evaluation of evidence through inner conviction, the judgehas the ability. On one hand, the judge has quality to appraise evidence. On theother hand, the law acknowledges the judge owns the ability to appraiseevidence. Second: Under Free evaluation of evidence through inner conviction,the judge how to exercise his ability. On one hand, the judge appraises theevidence by the way of "the mode of the ordinary person's cognition ". On theother hand, the judge judges the evidence in the legal state of fairness.(2) "Weight of proof of the object ": Two levels should be analysed here.One is "what is the object " and " identify the weight of proof of the object"."What is the object": The object of Free evaluation of evidence throughinner conviction is an evidence. However, those enter the range of Freeevaluation of evidence through inner conviction is the evidence."Identify the weight of proof of the object": "identify the weight of proofof the object" means that "identify the weight of proof of the evidence". Ifconnection of the evidence and the case fact is close, the weight of proof willbe intense, and the identification function played in the lawsuit is relativelygreat too. Just because the connection of particular evidence and the case factis different, the judge has to identify the weight of proof by the way of "Freeevaluation of evidence through inner conviction".4. Guarantee system of Free evaluation of evidence through innerconvictionThe judge is a normal member in the society, but not a saint. Sometimes,he might stretch his power. On one hand, Free evaluation of evidence throughinner conviction authorize the judge identify weight of proof. On the otherhand, Free evaluation of evidence through inner conviction also chooses thedanger of abusing. So, "how to use the power properly" must be considered,when we design an evidence system.(1)Guarantee system relates to the judge, such as, the quality of the judge,the mode of the ordinary person's cognition, independence of the judge,neutrality of the judge.(2)Guarantee system relates to weight of proof, such as, principle ofruling evidence, standard of prove, the process of identify evidence ability,principle of counsel together, the principle of open Free evaluation of evidencethrough inner conviction.5. The actual state and further or Free evaluation of evidence throughinner conviction in our country.The main current view in our country does not admit Free evaluation ofevidence through inner conviction. The supporters maintain the following...