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自由心证作为判断证据、认定案件事实的一项基本诉讼证据制度,在英美法系司法审判中发挥着重要作用。笔者在对我国司法审判实践中运用自由心证主义的案例进行研究的基础上发现:实践中自由心证的运用,法官整体素质的提高以及目前进行的庭审改革,虽为自由心证的进一步制度化提供了土壤,然而由于适用该原则历史传统的缺失、监督机制的缺乏等问题,自由心证制度要实现仍需要长期的理论探讨以及实践检验。本文根据分析结果以及目前我国司法实践中自由心证的适用现状,提出了若干司法上的建议。
As a basic lawsuit evidence system of judging evidence and determining the facts of the case, the free evaluation of evidence plays an important role in the judicial judgment of common law jurisdictions. On the basis of studying the cases of using free-proof review in judicial practice in our country, the author finds out that although the use of free-standing evidence in practice, the improvement of the overall quality of judges and the trial reform currently conducted are the further systems of free proof of evidence However, due to the lack of historical tradition and the lack of supervisory mechanism to apply the principle, it still needs long-term theoretical exploration and practical test to realize the system of free proof of evidence. Based on the results of the analysis and the current status of the application of free assessment in judicial practice in our country, this paper puts forward some judicial suggestions.