Abstract: In the long course of historical development of human society，three basic patterns of evidence have been produced and thus three evidence systems have been formed.In the process of the Judge′s determination，there exist two opposite natures：regulation and freedom.However，regardless of the nature，the judge′s determination must be based on the interests measured by law.Both a study of history of law and a horizontal comparison，and consideration of both macro interests and micro ones satisfactorily demonstrate such an opinion.This idea is also demonstrated by orientation and choice of civil evidence.

Key words: evidence of civil litigation, evidence determination mode, the measure of interests, judicial discretion, legal evidence