自由心证主义在产生之初,是作为法定证据制度的对立物出现的。但在发展的过程中,自由心证主义逐渐蜕变成为合理心证主义。其主要表现就是建立了一些自由心证的约束机制,如经验法则、论理法则、法定证明力规则、法定的证明标准、法官的资质和身份保障等。此外,还需要建立对法官自由心证内容的外部审查和救济机制,主要是判决理由公开制度和上诉制度。这些思想,对于我国证据制度的完善具有指导意义。 At the beginning of the emergence of free-of-mind doctrine, it appeared as the antithesis of the legal evidence system. However, in the process of development, free-of-charge evolve into rational evidence. Its main manifestation is the establishment of a number of restraint mechanisms of free testimony, such as the rule of thumb, the rule of reason, the rule of statutory proving power, the statutory standard of proof, the judge’s qualification and identity guarantee. In addition, there is also a need to establish an external review and relief mechanism for the contents of the free testimony of judges, mainly the openness of the grounds for adjudication and the appeal system. These ideas have guiding significance for the perfection of evidence system in our country.