Free Evaluation Of Evidence System Of The Republic Of China

The evidence system in China has been greatly developed and improved in theperiod of the Republic of China, in order to evidence model of deeper understandingof the situation, it is necessary to pay more attention to the proof system during thisperiod. To establish and perfect the evidence system reflects the development of thesystem of free evaluation of evidence, to strengthen the study on this period of systemof free proof, not only help us understand the rule of law was further, also can create amore reasonable, more scientific, more hommization give us evidence mode provideshistorical knowledge resources and experience, help us learn from history, to promotescientific evidence model the process of our country better. The development processof the system of free evaluation of evidence review, focuses on the analysis of thesystem to play in the judicial practice in the Republic of China, draw lessons in theanalysis. In order to prevent the abuse of discretion, in order to perfect the system offree evaluation of evidence, we should put forward some suggestions.In the first part of this article, introduces the legislation of the system of freeproof during the period of Republic of China, the first is the origin of the system offree proof and established, from the beginning of the evidence system reform, thesystem of free proof is the system of legal evidence of the reactionary, in the jurysystem of British sprout, finally in France formally in the form of law to beconfirmation, and as an advanced system of evidence has been emulated byneighboring countries. Next is the free proof system in the Republic of Chinalegislative origin, from the late Qing Dynasty the system of free proof began landingin China, and after the Nanjing provisional government, the Beiyang government andNanjing national government confirmed in law, and even a free heart certificatesystem case.The second part is the period of the Republic of free proof system of judicialpractice, analysis of the case during the period of application of free proof, explain theimportance of free proof of intent, from two aspects of positive and negative to therational use of free proof, namely the use of free proof is conducive to the realizationof justice of law of value, but the abuse of free heart certificate will lead to pervertingthe law, judicial corruption, so that the application of free proof system should followthe principles. The third part is to perfect our system of free evaluation of evidence, the systemof free proof is unavoidable in our evidence system reform, we should make efforts toimprove the system. Not only will the free proof system introduced legislation in ourcountry, but also to strengthen the construction of the judge ’s quality, establish andimprove relevant systems, and the system of rules, at the same time, strengthensupervision, prevent the abuse of the system of free proof, and urge to maximize theadvantage of free proof system.