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针对自由心证制度,从民事裁判视角发出三个追问:是否存在绝对的自由、我国裁判者是否具备践行自由的能力、自由应以何为缰?通过分析得出结论,在其历史发展脉络中不存在绝对的自由或不自由,自由和规制是在不断博弈中推动证据制度向前发展的。在我国,裁判者尚不具备充分践行自由的能力,需要完善内外系统来防止司法恣意,在自由和不自由之间寻找到最佳平衡点。
In view of the system of free proof of evidence, three questions are asked from the perspective of civil judgment: whether there is absolute freedom, whether our judge has the ability to practice freedom, what should be the reins for freedom? Through the analysis, the conclusion is drawn that in the context of its history There is no absolute freedom or no freedom, freedom and regulation is to promote evidence in the game constantly forward development. In our country, the referees do not yet have the ability to fully exercise their liberty. They need to improve their internal and external systems to prevent the judiciary from wantonly seeking the best balance between freedom and non-freedom.