发现真实与抑制法官主观随意性之衡平——论现代自由心证制约机制的建立

发现案件事实真相是进行诉讼的基础,保证法官在人类理性的范围内自由评价、判断证据则是正确认定案件事实的前提,传统自由心证虽能保障法官充分发挥主观能动性发现案件真实,但却因其毫无限制的绝对自由容易导致法官主观擅断和恣意,随着现代自由心证内部和外部制约机制的建立,将法官在评判证据过程中的主观能动性限制在人类理性的范围内行使,有效解决了两者间的冲突和矛盾。

The Balance of Discovering the Truth of Cases and Restraining the Subjectivity of Judges

Discovering the truth of cases is the basic of lawsuits,and it's the prerequisite in firmly believing the truth of cases correctly which guaranteed to the judges appraising the evidences freely in the people's reason.Although the traditional doctrine of the discretional evaluation of evidence can ensure elaborating the judge's subjective initiative fully to discovering the truth of cases,being its unlimited absolutely liberty easily results in judges becoming more subjective unbridled.Along with the internal and external restrictive systems of the modern doctrine of the discretional evaluation of evidence has been established,which confines the judge's subjective initiative being put to use in the people's reason during judging the evidences,and also effectively resolves the conflict and contradiction between discovering the truth of cases and restraining the subjectivity of judges.