自由心证的现代发展及在我国的科学构建

Modern Development and Scientific Establishment of Inner Conviction in China

证据制度在诉讼法学中的基础地位是由诉讼自身的特点决定的,诉讼过程是运用证据查明案件事实的过程。自由心证制度已从传统走向现代,并逐渐为世界各国所认同。作为一项证据制度,其内在的科学品格突出,在诉讼中的价值维度是多方面的。其对于克服法定证据制度之弊端,发现案件事实,准确适用法律,具有不可轻视的作用。我国应吸收和借鉴自由心证之有利因素,在有效克服其弊端的基础上,予以科学合理的运用,积极构建我国的现代自由心证制度。

The basic status of evidence system is decided in the lawsuit science by the characteristics of the lawsuit itself. The process of lawsuit is that of using evidence to ascertain the facts. The inner conviction system moves from the tradition to the modern age and is gradually recognized by the various countries. As an evidence system, its intrinsic scientific moral character is prominent. In the lawsuit the value dimensions are various. The system plays an important role in doing away with the malpractice in legal evidence system, discovering the case fact and following the law accurately. Our country should absorb and benefit from the favorable factors of the inner conviction. On the basis of offectively overcoming its defects, we should make a reasonable and scientific use of it and actively construct our country＇s inner conviction system.