Free Evaluation Of Evidence And The Judge Thought

The system of free proof was resourced from Europe continent, which has been through repeatedly more than 200 years evolution and development on base of negation on the system of statute evidence. A series of evidence rule and procedure rule which had been used to define free or not free proof had consisted of evidence system. The system of modern free proof is the most scientific in the human rational knowledge scope. Now it is adopted by a lot of countries all over the world. After China had been liberated, between the system of free proof and the realistic evidence system, there were struggles which experienced three stages. In past century 90, s, the system of free proof'academic has been given the affirmation. But nowadays in our country's law system, there are hardly correlated evidence rule and procedure rule involved the system of modern free proof. Under the effect of the traditional system of practical and realistic evidence, it is quotidian that the judge freely recognized the matter then in the judicial practice without the restraint or super freely. Then judicial widespread trust is greatly reduced. Even in fields of practice and theory, the necessity of establishment of the system of free proof has been questioned.In fact, free proof system are not without restraint, super free in practice.The judge can be influenced by the evidence, logical rules and social ethics rules in the process of moral certainty. This is the focus of this article。This paper will analyze it on four aspects. 1,Overview of free proof. This part as evidence of proof of origin regime for discussion and analysis of the evidence from oracle system development of the legal evidence system to a free heart is evidence of the development process, introduced in evidence.2, Evidence of the basic theory. the evidence before any other question, should the relevant evidence of the basic problem to explain clearly. this part of the first of all the evidence, the emphasis on the evidence of "freedom" and "heart". secondly, the evidence is the result of social development as a result, in its later has risen from traditional to the modern development. the brief introduction on the type of evidence. finally a detailed distinguish between the evidence and discretionary.3, Evidence of the judge thought. in our action and evidence in proof of the system theory has long. many scholars have recognized that the evidence of the subjective too strong, the judge in the use of evidence to the fact that the subjective, no restriction. they are not, the evidence is a complex series of thinking and by many factors. Assessment of evidence that is evidence of the righteous ; thumb and logical rules as evidence of internal constraint, the mechanisms to free the judge of proof on social ethics and law ; judge evidence equally inevitable.4, Reasonable to the heart of the basic requirements. through the front, we found the course of practice judges at the evidence must be beforehand, events and it was a certain limit, such evidence is only reasonable evidence, scientific evidence. this section describes the main reason for the heart of the basic requirements.