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On free proof and regulated proof
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Free proof and regulated proof are two basic modes of judicial proof. The system of ‘legal proof’ established in France in the 16th century is a classical model of regulated proof. The system of ‘free proof with intimate conviction’ established in France in the 19th century is a classical model of free proof. The force of seeking truth pushes the judicial proof towards the free mode, while the force of seeking fairness, predictability, and authority pushes the judicial proof towards the regulated mode. The interaction of these two driving forces causes the ‘reversal development’ of the judicial proof. In the long history of China, the judicial proof was in the scope of free proof. In responding to the need for judicial reform, Chinese system of judicial proof has been going from free proof to regulated proof, and is a mixture of the two modes now. The new technologies of internet, big data and artificial intelligence have provided great support for the development towards the regulated proof.
Title: On free proof and regulated proof
Description:
Free proof and regulated proof are two basic modes of judicial proof.
The system of ‘legal proof’ established in France in the 16th century is a classical model of regulated proof.
The system of ‘free proof with intimate conviction’ established in France in the 19th century is a classical model of free proof.
The force of seeking truth pushes the judicial proof towards the free mode, while the force of seeking fairness, predictability, and authority pushes the judicial proof towards the regulated mode.
The interaction of these two driving forces causes the ‘reversal development’ of the judicial proof.
In the long history of China, the judicial proof was in the scope of free proof.
In responding to the need for judicial reform, Chinese system of judicial proof has been going from free proof to regulated proof, and is a mixture of the two modes now.
The new technologies of internet, big data and artificial intelligence have provided great support for the development towards the regulated proof.
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