由于中国刑事证据立法体系尚未形成,职权主义的偏见纠问式诉讼模式的过程中,诉讼审判实践中法官的自由裁量权是非常大的,笔者在这里,立足于审判过程中的各个环节,对一些比较突出的问题和做法进行了一定思考,努力找到该现象的客观和主观原因,提供了一些想法解决此类问题。 As the legislative system of criminal evidence in China has not yet formed, in the process of the prejudice-based litigation mode of functionalism, the discretion of judges in litigation adjudication practice is very large. The author here bases himself on every link in the trial process, Some of the more prominent issues and practices have undergone some reflections. We have worked hard to find the objective and subjective reasons for the phenomenon and have provided some ideas for resolving such issues.