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法官在关键证据的认定中会出现利益偏差并导致证据认定结论出现差异,这主要是对利益进行衡量的结果。利益衡量方法有助于提升法官的认证能力,但由于法官运用此方式的不规范性,因利益衡量偏差导致司法不公正的现象比较突出。利益衡量方法作为法学方法论,应当运用到法官证据认定环节。规范法官认证中的利益衡量应首先把握价值衡平方法,并在遵循一般规律的前提下依据不同诉讼形式分别采用不同的方法。
The discrepancy between the interests of the judge in the determination of the key evidence and the discrepancies in the conclusion of the evidence are mainly the result of measuring the benefits. The measurement of interest helps to improve the judge’s certification ability. However, due to the non-standardness of the judge’s application of this method, the unfairness of the judiciary caused by the measurement of the deviation of interests is prominent. As a methodology of jurisprudence, the measure of interest should be applied to the identification of judge evidence. Standardize the evaluation of the interests of judges in the certification should first grasp the value of equity method, and follow the general laws of the premise of different forms of litigation, respectively, using different methods.