| Disclosure of heart evidence refers to the system in which judges disclose and explain their heart evidence on case facts,evidence and legal opinions to the parties during the entire litigation process.The openness of heart evidence is a regulation of judges’ free heart evidence,to prevent unrestricted secret heart evidence from leading to judicial arbitrariness,and to overcome the deviation and subjective arbitrariness in the formation of judge’s heart evidence.The most important value of the disclosure of heart evidence is to protect the subject rights of the parties in the procedure and to promote judicial justice.The judges open their hearts to the evidence,and through effective communication with the parties,it is conducive to collaboratively discovering the truth of the case,promoting the settlement of the case through reconciliation and mediation,and improving the efficiency of civil dispute resolution.The parties supplement the litigation materials based on the judge’s heart evidence,promote the centralized trial,and prevent the referee from raiding.At present,civil litigation scholars in many countries and regions have studied the disclosure of heart evidence and achieved certain results,which are worthy of reference for our country.my country’s existing civil litigation legislation does not explicitly propose the concept of disclosure of heart evidence,but only reflects it in relevant provisions.The lack of legislation has brought many adverse effects to the judicial practice of disclosure of heart evidence in my country,resulting in judges in judicial practice.The degree of openness of heart evidence is not high,and the value of heart evidence disclosure has not been fully exerted.The disclosure of heart evidence is of great significance to the development of civil litigation in my country.Therefore,it is necessary to build a normative system for the disclosure of heart evidence suitable for my country’s judicial system.First of all,starting from the basic theory of openness of heart and evidence,by analyzing the meaning,content,time and value of openness of heart and evidence,discuss the ought state of openness of heart and evidence and the necessity of building a system of openness of heart and evidence in my country,and clarify the relationship between openness of heart and evidence and related concepts.relation.Secondly,it analyzes the actual development of the disclosure of heart evidence at the actual level,including the relevant regulations of the disclosure of central evidence in my country’s legislation and the current situation of disclosure of central evidence in practice,and further reveals the defects in the current legislation of disclosure of heart evidence in our country and the problems in practice.This paper analyzes the advanced theories and judicial practice experience of foreign heart certificate disclosure again,in order to provide reference for the construction of my country’s heart certificate disclosure.Finally,based on the actual situation of civil trial in my country,on the basis of analyzing the current status of the legislation and practice of the disclosure of evidence in the center of civil litigation in my country,and drawing on foreign legislation and practical experience,it puts forward some suggestions to improve the disclosure of heart evidence.In terms of legislation,the flexibility and flexibility of legislation shall be retained,and the form of legal regulation combining arbitrary disclosure and statutory disclosure shall be adopted.Based on the current situation that the disclosure of heart evidence in my country mainly focuses on the disclosure of judgment documents,improve the disclosure of heart evidence in pre-trial and court proceedings,improve the pre-trial conference system,and introduce an intermediate judgment system.At present,my country’s Civil Judicial Practice Center has a low degree of publicity of the reasons of evidence.Considering the actual situation of the small number of cases,the publicity of adjudication reasons adopts a combination of omitted reasoning,formal reasoning,and substantive reasoning.For the limit of the judge’s public testimony,first make a principled regulation to ensure a fair judgment.Due to the different circumstances of the case and the complexity of the trial situation,the judge’s public testimony needs to be combined with the actual situation of the case before it can be specifically grasped.Therefore,judges can be given discretion and explore the application of disclosure in similar cases.Finally,improve the supervision mechanism of the disclosure of heart evidence,strengthen the supervision of the disclosure of the judge’s heart evidence,and give the parties a remedy path for improper disclosure of heart evidence,so as to build a heart evidence disclosure system with Chinese characteristics. |
