On The Protection And Regulation Of Judges' Free Evaluation

Free evidence is a principle for judges to freely evaluate the choice and proof of evidence based on conscience and rationality to achieve inner conviction and determine the facts of the case.It is also the basic principle for judging evidence and determining facts in modern civil litigation.In recent years,with the development and practice of China’s civil litigation system,in accordance with the requirements to promote judicial fairness and justice,the benign development of the principle of free evidence has become particularly important.The modern free evidence originated in Europe and is a necessary product of the development of the European litigation proof method.After experiencing the judgment of God and the legal evidence system,the free evidence that implements the spirit of free judgment and inner choice has become the main way of finding facts in the civil law system and the common law system.The modern free evidence principle in our country has gone through the process from negation to criticism to acceptance.How can judges fully perform free evidence in a secure manner,and how can judges ’ free evidence be monitored and regulated,and more important,how to balance them has become an important issue.Based on this,this article intends to proceed from the perspective of civil litigation,clarify the theoretical connotation and logical framework of free evidence,compare the exploration and practice of the application of the principle of free evidence by the two major legal systems,and explore the boundary and balance between the guarantee and regulation.The purpose is not only guarantee the judge’s freedom of evidence,but also properly regulate and guide the exercise of this freedom;not only exert the judge’s subjective initiative in discovering the case,but also restrain the subjective arbitrariness that may exist in the process,and then to explore the theoretical and practical development of free evidence in modern Chinese civil litigation.