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自由心证是裁判过程中的认定证据的重要方法。作为一项各国普遍接受的制度,随着我国司法改革,逐渐被引入我国司法实践领域。如何规定自由心证制度,是我国证据立法中一个亟待解决的问题。在讨论心证的自由性的时候一个重要的内容就是确定其自由判断的内容是什么,此文中认为,自由心证是全方位的自由,不仅仅包括对于证据能力的取舍,也包括对证明力的判断,二者统一于法官对于证明是否达到证明标准的判断中。同时,认为自由心证是相对自由,并以此为基础讨论了自由心证的制约因素。
The free test is an important method to judge the evidence in the referee process. As a universally accepted system, with the judicial reform in our country, it has been gradually introduced into the field of judicial practice in our country. How to stipulate the system of free evaluation of evidence is an urgent problem to be solved in the legislation of evidence in our country. An important part in discussing the freedom of the card is to determine what is the content of the free judgment. In this article, the free card is a full range of freedom, including not only the choice of evidence ability, Judgment, the two unified in the judge for the proof of whether to meet the proof standard judgment. At the same time, it is considered that the free testimony is relatively free, and based on this, the restrictive factors of the free testimony are discussed.