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在司法实践中,书证是认定案件事实最经常和最重要的证据。与此同时,我国民事诉讼在证据证明力评价方面缺乏必要的规则,法官拥有几乎不受限制的评价自由。为了纠正司法实践中的偏差,最高人民法院通过司法解释创设了大量的证明评价规则;但矫枉过正,有些规则带有较强的法定证据色彩。笔者认为,书证证明评价活动规则化是必要的,但书证证明评价规则的设置应当有个度——一方面
In judicial practice, documentary evidence is the most frequent and important evidence of the facts of a case. At the same time, the civil litigation in our country lacks the necessary rules in the evaluation of the proof of evidence, and judges have almost unlimited freedom of evaluation. In order to correct the discrepancies in judicial practice, the Supreme People’s Court created a large number of rules of proof and appraisal through judicial interpretation; however, some of the rules are overly corroborated by statutory evidence. In my opinion, it is necessary to prove that book evaluation activities are normalized, but the certificate of evidence shows that the evaluation rules should be set to a degree - on the one hand