三问自由心证

时于法定证据与自由心证之间的争论由来已久,而对于是否应当在我国建立自由心证制度,学界亦有争辩。自由心证的实质是一种不能避免的心理现象;内心确信作为一种心理状态,是任何诉讼程序中作出判决时都应当达到的心理状态及其要符合的普遍的公共认识;自由心证在前进的历史轨迹中应当承担起时代要求。

Three Questions to Discretional Evaluation of Evidence

There have been the debates for quite a long time as to legal evidence and discretional evaluation of evidence. Scholars have also had debates as to whether the system of discretional evaluation of evidence should be set up in China. The nature of discretional evaluation of evidence is an unavoidable psychological phenomenon. As a psychological state, belief should be established at any litigation procedure so as to make the final judgment, which is also the common cognition that should be followed. Discretional evaluation of evidence should meet the requirements of the era in the developing history.