自由心证,即据以定案的证据的证明力的有无及其大小不由法律预先做出规定而委由裁判者根据自己的良心和理性自由地判断,在形成内心确信的前提下,进而对案件的事实做出结论。作为一项逐渐被世界各国所接受的证据制度,有其合理性和必要性,但同时,还存在不可回避的缺陷。为弥补这些缺陷,需要对其进一步完善。 Free testimony, that is, the evidence of the verdict on the basis of the existence and size of the testimony of the law is not pre-determined by the judge by the judge according to their own conscience and reason freely to determine, in the formation of inner conviction under the premise of The facts of the case conclude. As a system of evidence gradually accepted by all countries in the world, it is reasonable and necessary. However, at the same time, there are some unavoidable defects. To make up for these shortcomings, it needs to be further improved.