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法定证明和自由证明作为两种基本证据评价方式,各有利弊。从各国证据评价模式的发展历史来看,一元的法定证明和一元的自由证明都有其无法克服的缺陷。从某种意义上讲,自由证明的优点恰恰是法定证明的缺陷,而法定证明的优点也恰恰是自由证明的缺陷。因而只有两者并立并用,才有可能取得较完美的效果。因此,我国在证明模式的选择上,也应当坚持法定证明与自由证明的二元并立。
Legal Proofs and Free Proofs as Two Basic Methods of Evaluating Evidences, There Are Both Pros and cons. Judging from the history of the development of evidence evaluation models in various countries, both the one-way legal proof and the one-way free proof have their insuperable defects. In a sense, the merit of free proof is precisely the defect of statutory proof, and the merit of statutory proof is precisely the flaw of proof of freedom. Therefore, only when the two are used together can we achieve the perfect result. Therefore, our country should also adhere to the duality between legal proof and free proof on the choice of proof mode.