论证据的自由裁量

On Judge's Discretion in Evidence

证据的自由裁量具有能动司法、拾遗补漏等功能,其重要性自不待言.当然自由裁量不能率性而为,必须在法定的轨道内进行.对法官的证据自由裁量权我国立法虽已有所涉及,但在目前司法独立尚未到位、法官素养有待提升的境况下,亟需设置相关制约机制.

Discretion in evidence serves many important functions including making judges more positive, rectifying bugs in legislation.etc. Of course, judges can not exercise discretion arbitrarily. On the contrary, they should abide by law. Though there are some legal limitations of judges' discretion right in evidence in China, it is still quite necessary to establish the restrictive mechanism, for judicial independence is not available yet and judges' quality remains to be improved.