自由心证是法官根据经验、逻辑和良心来判断并确认案件证据的一种原则,它是对神明裁判和法定证据制度的否定与发展。自由心证证据原则在清末修律时被引进中国,并在北洋政府和南京政府立法中相继被采用,有着特殊的历史背景。 The free assessment is a principle by which judges judge and confirm the evidence of the case on the basis of experience, logic and conscience. It is the negation and development of the system of referee and statutory evidence. In the late Qing Dynasty, the principle of evidence of freedom was introduced into China and adopted in the legislation of Beiyang government and Nanjing government. It has a special historical background.