证据评价问题探究

在自由证明方式下,法官评判证据的自由是相对于机械的法定证据规则的束缚而言的,决不意味着法官可以随心所欲地评判证据.法官评价证据的范围主要限于证明力而极少涉及证据能力;评价的内容是证据的可靠性和证明力强弱;评价的主要依据是经验法则,评价的方法是综合判断.剖析并探究证据评价的过程,对于我们构建相应的制约机制,防止法官滥用自由,具有重要意义.

Issues on the Evaluation of Evidence

Under free proof, the freedom of a judge's weighting evidences is relative to the limit of mechanical evidence rules and it doesn't mean that a judge can adopt evidences without any restrict. A judge's freedom to consider evidences is mainly in four aspects: the scope is on the value of evidence, not on its admissibility; the content is its reliability; the course is experience rules and the way is synthetic judgment. It is very important for us to construct a controlling institution to prevent judges over freedom of weighting evidences by analyzing and studying the course of evidence's weighting.