| Modern inner conviction system is gradually formed after experiencing of the following three stages: the divinity evidence system,the system of legal evidence and the traditional system of free proof.As one of essential characteristics of modern inner conviction system,the publicity of inner conviction is selected by our history.Inner conviction is adopting by judges when they make evaluation of facts during judicial practice.In accordance with the judge’s conscience and ideals,the inner conviction is formed eventually.However the most obvious drawback of inner conviction is that it can be easily abused.Therefore judicial discretion was given the appearance of objective,it means that monitoring and evaluation.In consideration of judicial efficiency and justice judicial value,the publicity of inner conviction theory system and practical operational framework was built therefore to control the raid of judge.The publicity of inner conviction was recognized by a lot of mainstream country and it turn into the world wave of judicial reform trend.For example,the early trial mode of Stuttgart in Germany,the pre-trial conference system in the United States,all of the facts reflect the exploration of different law traditional country.Although China does not explicitly put forward the concept of publicity of inner conviction in the legislation,but the provisions in the relevant judicial interpretation can be interpreted as Chinese characteristics publicity of inner conviction.In order to promote and make improvement of the further implementation of publicity of inner conviction system in our country,this paper study the publicity of free evaluation in judicial practice based on the clarify of relevant concepts,with real case studies and employ comparative analysis of domestic and foreign research.It is divided into four part of the publicity of inner conviction in judicial practice use.The first part is bring in the problem,mainly introduce to the case,summed up the focus of controversy and differences of opinion of the case.The perspective of the author falls on the fact-finding questions and analyze the path of the judges of evidence.The second part introduces the meaning and basic theory of publicity of inner conviction.A detailed analysis of evidence disclosed situation in China based on study of typical theory in foreign country.The third part combined cases discussed in this article and analyzes the disclosure of evidence in the trial practice real-world applications plight of our country and relevant conclusions.The fourth part summarizes the relevant system at home and abroad as a precondition by improve our evidence system,legal aid system and the publicity of judge reasoning system therefore propose the way of improvement and application of publicity of free evaluation in judicial practice. |
