心证自由的层次性分析及其客观化制约

心证自由有两个层次 ,即狭义上的心证自由和广义上的心证自由。自由心证制度将会受到更多制约是大势所趋。其主要受心证主体客观条件、诉讼程序内在规律、证据法律规则、经验和逻辑规则、心证公开制度的制约。要使自由心证制度在我国走向理性化、规范化必须提高法官队伍的素质 ,改革审判委员会制度和错案追究制 ,推动我国现有诉讼模式尽快向当事人主义过渡 ,并切实保障心证过程公开化

Layered Analysis And Objective Restriction On Freedom of Proof With Intimate Conviction

There are two layers of freedom of proof with intimate conviction: the freedom in narrow sense and the freedom in broad sense. It is an inevitable tendency that the system of discretional evaluation of evidence will be restrained by more factors, such as objectification of the subject of proof with intimate conviction, the inherent regularities of civil procedure, the rules of evidence, the experiential and logical rules and the open system of proof with intimate conviction. To make our system of discretional evaluation of evidence more rational and normal, it is essential to enhance the character of the judges group, reform the system of judicial committee and the mechanism of finding out misjudged cases, force our current procedural model to transform to adversary system as soon as possible, and ensure effectively the process of proof with intimate conviction in public.