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依证据方法及证据调查程序之差异,在民事诉讼法领域,存在自由证明与严格证明两种证明方式。自由证明的目的在于缓和严格证明的非柔软性,确保裁判的迅速作出,故有其合理性。但由于自由证明在证据方法及证据调查程序上皆不受法的拘束,故相对于严格证明,在事实认定的公正上存在其弱点,因此自由证明之适用对象应限定在诉讼要件事实、外国法、特殊经验法则等非本案判决事项上。另外,自由证明与释明虽同为灵活之证明方式,但二者间却存在本质之差别。
According to the difference between the evidence method and the evidence investigation procedure, there are two kinds of proof methods of free proof and strict proof in the field of civil procedure law. The purpose of the proof of freedom is to ease the non-softness of the strict proof and to ensure that the referee promptly makes it, so it is reasonable. However, since the proof of freedom is not restrained by the law in both the evidence method and the evidence investigation procedure, there is a weakness in the fairness of the factual determination as compared with the strict proof. Therefore, the applicable object of the proof of freedom should be limited to the facts of the procedural elements and the foreign law , Special rules of thumb and other non-judgments matters. In addition, although the proof of freedom and the explanation are the same as the proof of flexibility, there are essential differences between the two.