The Study On The Construction Of Free Proof System In Criminal Procedure Of China

Free proof is an evidence-evaluation principle widely adopted by many countries. However, due to various reasons, there are some misunderstandings toward this principle in China, which also influences the process of judicial rationalization negatively. Research in this subject is of great importance in correcting false concepts and promoting the judicial reform of criminal litigation in China.The first chapter points out that,the establishment and development of modern free proof. The free proof is formed and developed in the course of against the evidence system of legal system. The free proof system has its own value. The free proof system can play to the judges' subjective initiative. The free proof that the inner system guarantee high standard of proof that the activities that the reliability of the scientific nature, but also to the verification of the case.The second chapter points out that,the legislation in China is not present in the provisions of the free proof. Verification Proof is the main mode of the Criminal judicial documents. Verification Proof require verification and support among the evidences. Verification Proof has many defects. On the other hand, in our country's judicial practice exist in the use of free proof in fact. The chapter which is talking about evidence of our country's existing problems in the system is analyzed. For example, some cases difficult to convicted procedure justice to the pursuit of objective truth, to eradicate torture, abuse of discretion of the judge, etc. The third chapter points out that, the free proof system in our country's criminal procedure of the establishment of the feasible. Our country's criminal procedure of the free proof system has the establishment of corresponding social conditions, theory and legislation and judicial environment conditions. Of course, according to the reality in China, established in our country free proof system have many problems. For example the judge lack independence, evidence rules system is not perfected, the pursuit of seeking truth from facts of a single standards of proof, difficult to implement, direct words do not explain the reasons for criminal judgments.Chapter forth points out, in the construction of the free proof system in general thought shall be appropriately on the experience abroad. The free proof system of the construction of the need to perfect the related system, therefore, the construction of our country's criminal procedure free proof system should advance steadily. Such as the judge needs to perfect independent trial, the principle of direct verbal trial, evidence rules, standards of proof, etc.