证明标准与法官的“自由心证”和“主观确信”密切联系,其主观性如何用客观形式固定下来,从而使法官的主观活动受到适当的制约,一直是各国学者力图解决的问题。需要通过“自由心证”达到“主观确信”始能成就的证明标准能否客观化,本文对此问题进行了探讨,并对各国对证明标准进行的量化尝试的价值加以评价。 The standard of proof is closely linked with the judge’s “free testimony ” and “subjective conviction ”, and how to subjectively fix it in an objective form so that the judge’s subjective activities are subject to appropriate constraints, problem. The standard of proof that can be achieved only through “free testimony”, “attainment” and “subjective conviction” can be objectified. This article discusses the issue and evaluates the value of quantitative attempts made by all countries in their certification standards.