| The principle of free evaluation of evidence involves two major parts: free judgment and inner conviction. The prevailing mode of proof in our country's criminal justice is the’verification' mode, in which it is crucial to attain verifiable direct proof, proving the’externalism' rather than the’introspeclion'. On the one hand, the verification mode results in a very high standard of proof; on the other hand, it makes it possible for the occurrence of flexible methods in gaining evidence. The main reasons for these are: indirect trial and lack of confrontation, separation of the trial from the sentencing, the requirement of verifiability on written materials during repeated factual question, etc. Meanwhile, the existence of the verification mode is also related to the quality of the trying judges and our dominant episteurology .The verification mode has the advantage of accountability and the ease of confirmation, but it’s quite often that the reality of criminal justice can' t meet the demands of verification, especially against the modern background of emphasizing the protection of human rights in criminal justice. Hence, we must be prudent and moderate in borrowing contents from the typical modern proof mode of free evalualion, and we should create necessary conditions for the transplanted approaches. |
京公网安备11010102006664号 京ICP备2023015853号