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。 In the case of free proof, the judge’s freedom to judge the evidence is relative to the legal rules of mechanical restraint, in no way means that judges can arbitrarily judge the evidence. The scope of the judge’s evaluation of evidence is mainly limited to the proof of power and rarely involves the ability of evidence; the content of the evaluation is the reliability and strength of the evidence; evaluation is based on the rule of thumb and the method of evaluation is comprehensive judgment. To analyze and explore the process of evidence evaluation is of great significance for us to establish the corresponding restriction mechanism and prevent judges from abusing their freedom.