论自由心证的约束机制

On Restricting Mechanism of Discretional Evaluation of Evidence

自由心证虽然赋予了裁判者对于证据的证明力的有无及大小的充分裁量的自由,但是这种自由并不是不受任何限制的绝对自由。从其产生至今,已经形成了一整套的较为完善的约束机制对自由心证从事前、事中、事后进行约束。裁判者在此重重约束下要想随意擅断几乎成为不可能。

Discretional evaluation of evidence has given judicator enough freedom to determine the existence and weight of evidence value, but the freedom isn't an absolute one without restriction. From the origin of discretional evaluation of evidence up till now, a set of rather perfect restraining has been come into being to give a limit before, during and after discretion. The possibility that judicator can be an appropriator doesn't exist. 