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我国现行证据制度基本属于自由证明,在司法审判欠缺独立性,“疑罪从轻”现象仍然存在,在法官能力素质参差不齐的情况下,应强调司法证明的“论证说理”。具体可以从两个方面展开:一是要求法官公开心证过程,即要求法官阐述证据“真实性”和“充分性”的评判推理过程;二是加强司法“论证说理”的理论研究,即加强司法证明中“似真推理”和“量化、标准化”研究。
The current evidence system in our country is basically a free proof. In the absence of independence in judicial trial, the phenomenon of “suspicion is lighter” still exists. Under the condition that the quality of judges’ ability is uneven, the proof of reasoning of judicial evidence should be emphasized. . Specifically, it can be started from two aspects: First, the judge is required to open the process of publicity of the card, that is, to require the judge to elaborate the process of judgment and reasoning of the evidence “truthfulness” and “sufficiency”; secondly, to strengthen the judicatory theory of “justification” Theoretical research, that is to strengthen the judicial evidence “plausible reason ” and “quantitative, standardized ” research.