我国的证据证明强调“以事实为依据、以法律为准绳”。这种“确实充分”的证明要求无疑在保护当事人利益上具有重大意义。但在司法实践中,我们又会发现其过分强调当事人利益和实体正义而导致司法活动无法完成。因此,我们应合理借鉴外国的“自由心证”制度,使其在我国的法制土壤中发挥它应有的作用。 Our evidence proves to emphasize that “based on facts and based on law”. The proof requirement of such a “truly adequate” is undoubtedly of great significance for the protection of the interests of the parties. However, in judicial practice, we also find that it will result in the failure of judicial activities to be over-emphasized by the parties concerned and substantive justice. Therefore, we should learn from the foreign system of “free testimony” reasonably and make it play its proper role in the legal system soil of our country.