一、为“自由心证”正名在人类的诉讼证明史上,大致有三种基本的证明方式,第一种是神意证明方式,即通过特定行为引起的某种现象显示出神的意旨,从而做出事实判定;第二种是法定证明模式,在这种证明模式中,法律事先规定某种证据的证明力大小,证明过程成为证据证明力的简单计算过程;第三种是自由心证,即由事实的裁决者根据 First, the “free card” In the history of human proof of proof, there are basically three basic ways of proof, the first is the proof of God’s way, that is, through a specific behavior caused by a phenomenon that shows God’s intention to do The second is the legal proof mode, in which the law prescribes the size of the proof of some kind of evidence to prove that the process becomes a simple calculation of proof of power; the third is the free proof of the card, that is, Based on the verdict of the facts