“五听”:中国古代断案的心证运用

“Five Observing”:Practice of Free Evaluation of Evidence through Inner Conviction in Ancient Chinese Lawsuit

自由心证在中国古代断案中被广泛运用,主要是由于中国古代的轻人权的法制环境、对理想断案主体的高度确信,以及古人对于人性及其认知途径的理解等使然。“五听”断案就是中国古代“自由心证”的典型应用,这一传统对于今天我们借鉴“自由心证”的积极作用仍然很有意义。

The Free Evaluation of Evidence through Inner Conviction was widely adopted in the lawsuits in ancient China.It is based on the ancient lawsuit system which neglects human rights and lays much emphasis on the officials' subjective opinion,and the comprehension of human nature of ancient people.Five Observing is the typical adoption of the Free Evaluation of Evidence through Inner Conviction in ancient China.This tradition has certain positive significance for reference today.