自由心证主义在韩国法中的继受与发展——以民事诉讼为中心

Abstract:In the history of the development of legal system，the statutory evidenceism was the basic criterion for judges to identify the fact.However，with the increasing complexity of modern social life，drawbacks of the statutory evidenceism are increasingly prominent and modern countries have changed to employ the free evaluation of evidence doctrine.The free evaluation of evidence doctrine is a trial principle when the judge identifies the fact，based on all the information presented in trial process，forming a testimony by free judgment.ROK has inherited the free evaluation of evidence doctrine originated in Europe and developed a doctrine and case system that is appropriate for its conditions on this basis.The experience can be a good reference for China to establish the modern free evaluation of evidence doctrine.

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