自由裁量主义,尤其是对证据的自由裁量有力的促进了司法的发展,也更能使裁判结果趋向于客观真实,因此,法官应合理行使自由裁量权,以分配和平衡正义。本文试从运用民事证据裁判案件的层面来探讨和规范法官对民事证据的自由裁量权的行使,以期抛砖引玉,引起大家的某些思考。 Discretionism, especially the discretion of evidence, has greatly promoted the development of the judiciary and also made the result of the adjudication more objective and true. Therefore, judges should exercise their discretion reasonably to allocate and balance justice. This article tries to discuss and standardize the judge’s exercise of the discretion of civil evidence from the perspective of using civil evidence adjudication cases with a view to giving some advice and arousing some people’s thinking.