什么能成为证据,证据能否证明事实,证据怎样证 明事实,这是司法工作一个十分关键的步骤。而这一过 程全依靠法官及其他司法工作者的主观判断和推理。我 们将这一过程称之为“自由心证”。自由心证就是法官 以自己的心智确定证据和案件事实,即对证据的调查取 舍、证据的证明方法及证明力,根据自己的信念和推理 作出判断。 What can become evidence, whether the evidence can prove the facts and how the evidence prove the facts are a very crucial step in judicial work. This process depends entirely on the subjective judgment and reasoning of judges and other judicial workers. We call this process “freedom of mind”. Free proof is the judge in his own mind to determine the evidence and the facts of the case, that is, the investigation of evidence choice, proof of evidence and proof of power, according to their own beliefs and reasoning to make judgments.