自由心证是一项既古老又现代的证据评价原则,近年来这一原则已被我国大多数学者所认同,尤其是最高人民法院《证据规定》的发布更被有学者认为是在我国初步确立了这一原则。然而,自由心证也有其固有的缺陷,在确立自由心证的同时,需要有相应的制约与保障体系来保证自由心证的合理运用。本文从自由心证的内部制约因素与外部制约因素两方面探讨了对自由心证的制约与保障。 This is an ancient and modern principle of evidence evaluation. In recent years, this principle has been accepted by most Chinese scholars. In particular, the publication of the “Evidence Rules” of the Supreme People's Court has been considered by some scholars to be initially established in China This principle. However, the free proof has its own inherent defects. While establishing the free proof, a corresponding restraint and guarantee system is needed to ensure the rational use of free proof. This article discusses the restriction and guarantee of the free proof of evidence from the two aspects of internal constraints and external constraints of free proof.