自由心证新理念探析——走出对自由心证传统认识的误区

产生于特定历史条件下的自由心证 ,随着时代的发展 ,其不合理成份逐渐被扬弃 ,今天已被赋予了全新的思想内涵。我国的证据制度本质上也属于自由心证制度 ,但现行刑事证明标准及相关制度与之相冲突。确立科学、合理的证明标准以及相应的保障制度是完善我国自由心证制度的当务之急。

The system of discretional evaluation of evidence was established under special historical conditions. With the passage of time, its unreasonable parts have been gradually discarded and, today, the system has been given totally new contents. The evidence system in China is in essence a system of discretional evaluation of evidence. However, this system is contradictory to the standard of criminal proof and other relevant systems. The establishment of scientific and rational standard of proof and corresponding systems is the key to the improvement of the system of discretional evaluation of evidence in China.