Author(s)

Qianrong Shen ¹, Siyuan Li ¹

Affiliation(s)

¹ Law School, Southwest Petroleum University, Chengdu, Sichuan, 610500, China

Corresponding Author

Qianrong Shen

ABSTRACT

As one of the methods for judges to hear cases during the litigation process, free evaluation of evidence is widely used by adjudicators. It can connect the facts of the case with real - life situations, achieve the unity of legal and social effects, and avoid the rigid and dogmatic characteristics of trials. With the development and evolution of the judicial proof model, corroboration has gradually differentiated from the principle of free evaluation of evidence and has been favored by adjudicators. Through practical verification and academic research, the conclusion is that the perfect integration of corroboration and free evaluation of evidence is the future of China's judicial proof model. However, at the same time, we cannot deny the defects of this system. This article will start from the dilemmas faced by the principle of free evaluation of evidence and formulate measures to ensure the better implementation of the system.

KEYWORDS

Free Evaluation of Evidence, Corroboration, Procedural Law, Dilemmas, Realization Mechanism

CITE THIS PAPER

Qianrong Shen, Siyuan Li. The Application of Free Evaluation of Evidence in the Litigation Process. Science of Law Journal (2025) Vol. 4: 85-92. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040311.

REFERENCES

[1] Zhang Baosheng . Evidence Law [M]. China University of Political Science and Law Press, 2008.
[2] Long Zongzhi. Confirmation and free evaluation of evidence-the mode of proof in criminal proceedings in China [J]. Legal Research, 2004, ( 02 ) : 107-115.
[3] Zhuang Zhi. On the objective restriction of free evaluation of evidence in civil litigation [J].Journal of Guangxi College of Political and Legal Administrators, 2021,36 ( 04 ) .
[4] Zuo Weimin. Reflection and Reconstruction of the ' Confirmation ' Proof Model : Reflection on Criminal Misjudged Cases in China [J]. Chinese Law, 2016 ( 01 ).
[5] Luo Weipeng. Proof and Best Interpretative Reasoning - Multiple Developments in Criminal Proof Models [J]. Jurists, 2017 ( 05 ).
[6] Dai Zijun. From strict rigidity to relative freedom : the differentiation of corroborative proof from the perspective of mind-evidence fusion is applicable [J].Evidence Science, 2022,30, ( 04 ).
[7] Chen Xiangui. On the objective restriction of free evaluation of evidence in civil litigation [J].Legal Science (Journal of Northwest University of Political Science and Law ), 2020,38 ( 04 ) .
[8] Jiang Shiming. Evidence evaluation theory [M].Taipei : Xinxuelin Publishing Co., Ltd., 2014.
[9] Qian Renwei, Li Yi. Research on the practical dilemma and coping mechanism of the application of the free evaluation of evidence system in civil litigation [J].Journal of Zhongzhou University, 2013,30 ( 04 ).
[10] Dai Zhongxiang. The construction of supporting rules of modern free evaluation of evidence system [J]. Southeast Asia, 2004 ( 4 ) : 74-77.
[11] Cheng Chunhua. On the Judge 's Free Evaluation of Evidence and the Judge's Discretionary Judgment of Evidence - Taking Civil Litigation as the Scope of Investigation [J].Comparative Law Study, 2009, ( 01 ).
[12] Zhang Yadong. 's rule of thumb - scale of free evaluation of evidence [M]. Beijing : Peking University Press, 2012.
[13] Zhou Shenghan. The current situation and development of free evaluation of evidence after the promulgation of the new " Civil Evidence Provisions " [J].Western Journal, 2021, ( 11 ).
[14] Pu Yuanyuan. Path analysis of regulating judges ' free evaluation of evidence in civil litigation [J].Legal Expo, 2020, ( 29 ).

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