论刑事诉讼中的心证公开制度-诉讼法专业论文.docxVIP

II II Abstract The publicity of free evaluation is that,in and after court trails ,the judge explains ,based on his heart assurance according to the evidence presented ,including the understanding of the case facts and legal opinions , to the litigants or the interested party so as to keep them informed and understand.The pubilicity is free for judges to choose. However ,the system can be realized in condition of the specialization of judges , the judicial independence ,and the consummate evidence rule.Thanks to its great effects on the realization of procedural interests ,the promotion of proper use of the state power,and the satisfaction of procedural democracy, the system has been taken by many countries.The legal atmosphere differs from country to country,so does the system.For example,judges in some countries like the US,Japan,achieve the pubilicity of free evaluation by the exercise interpretation power,while judges in countries as France and Germany by detailed court verdict. As far as laws in our country concerned,there is no explicit rules on the system.What’s more,judges in our country are not as qualified as those abroad,and the legal system is not as perfect as those abroad.So that ,the system of the publicity of free evaluation doesn’t go as far as it is supposed to.To a certain degree,it aslo causes the inbalance of justice.However ,if used in our country,the system can make great contributions to the assurance of human rights and the promotion of the judicial system reform.In addition,we have got much experience through judicial pratice.And we are qualified to esteblish the system and put it into practice.So ,I think we may esteblish the system under collegiate system and through the reform of judicial documents.On the other hand ,we can aslo set some rules including guaratee the assurance ,the adversary system,and the improvement of second instance in order to make sure that the system can run properly. Key words: The publicity of free evaluation, ex