认定事实的主要证据不足的；

The main evidence for ascertaining the facts is insufficient;

认定事实的主要证据不足的；

Where the main evidence for finding the facts is insufficient;

以上证据必须查证属实，才能作为认定事实的根据。

The above -mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.

证据共通原则要求法官对同一事实作出相一致的认定，无论是谁提出的证据，不管有利还是不利都可以作为认定事实的依据。

The principle of common evidence needs to give a same judgment for the same facts, the evidence no matter who presentes can be used as a basis for adjudication.

原判决、裁定认定事实的主要证据不足的；

The main evidence on which the facts were ascertained in the original judgment or written order was insufficient;

第二部分主要研究法官自由裁量权的适用范围，将法官行使刑事自由裁量权分为两个阶段，一是认定事实阶段；

The second part of major research judges discretion scope of judges to exercise discretion in criminal divided into two stages, first stage of that truth;