摘要： 观念革新与社会进步对传统民事诉讼运作方式提出了挑战，其中包括法官如何认定当事人难以证明的损害数额问题。于此情形下，直接驳回原告的诉讼请求将致当事人被拒于法院大门之外，而欲救济当事人又难以算定损害数额，以至法院进退维谷。裁量认定损害数额属法官自由心证下的法定证明标准的降低。对于法官行使自由裁量权的条件，必须进行限制，即非于举证极为困难时不得行使。至于法官裁量认定的基础，仅涵盖证据资料与口头辩论的全部状况，与通常的自由心证方法有别。

关键词: 损害赔偿数额, 证明困难, 证明标准降低, 自由裁量

Abstract: Innovations of thoughts and developments of society have posed challenges to the way of operations of traditional civil procedures, including the problems for judges in finding the amount of damages that parties can hardly prove．Under such circumstances, to reject the claims of plaintiffs straightly can hinder parties from receiving relief from the courts, while parties seeking relieves can be in dilemma as a result of neglecting to calculate the amount of damages. Finding the amount of damages by the courts is the result of the attenuation of the legal criterion of proof of discretional evidence. When employing discretions, judges’ activities must be restricted strictly,which means that they can exercise discretions only on the circumstance that evidence adducing is extremely difficult. As to the basis of judges’ findings, the same as the way of discretional evidence, evidence adducing must cover the whole contents of matenals of evidence and oral debate in court.

Key words: The Amount of Damages, Difficulty of Proof, Attenuation of Criterion of Proof, Discretion