自由心证——人性化审判的必由之路

Discretion——the Necessary Routine to the Humane Judgment

自由心证作为证据判断的原则 ,在西方国家已经有了长足的发展 ,成为支配其证据制度的根本性原则。目前我国并没有明确规定证据制度 ,对其利弊的争论仍在激烈进行。我们关注的焦点不再是要不要借鉴 ,而是如何合理的引入。应当承认 ,自由心证的科学性完全可以被我国所接受 ,并提供更加完善的证据判断标准。因此 。

As the rule of judging the evidence, Discretion has developed for quite long time in Western countries and become the dominant and the basic rule of the evidence institution. At present, there is no system like it in China and the heated discussion of it still under way. The concern is not whether learning from our western counterparts ant more, but how to learn reasonably. We should acknowledge that the science of the Discretion can be totally accepted by China and provide the better judging standards for our Chinese evidence institution. So, our Chinese procedural legislation should learn from our western counterparts.