The Comparative Study of Evaluation Effect of Civil Evidences on Judgment Process in the Jurisprudence and Subjective Law

In the new legislations، in order to explore truth، there is a tendency to increase the adoptions of juridical judge like what it is in penal affairs. Also there is a tendency for having more trust in the judge in this field. Therefore، the rules that limit the recognition power of the judge are decreasing، and the traditional view on the basis of separation between judicial litigations and penal litigations for proof has been diminished to some extent. The principle of judicial evaluation freedom of civil evidence like penal reasons has been accepted in most of the systems at present. According to the modern purpose of civil judgment، namely the exploration of truth، the acceptance of this principle should be considered as the effect that the legislators see it as exploration of truth. According to the existence evaluation، the judicial judgment is not the agent of hostility disjunction، and he/she is not the storyteller like before، rather the principle of reasons evaluation freedom creates this possibility that، according to this possibility، the judge does not only act according to the appearance of evidence that refers to the general science، rather he/she can access to conscience continence. This is the way for access to real truth. In this article، beside offering the correct concept of evidence evaluation and relying on the possibility of judicial evaluations of all reasons، we study its effect on judgment.