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Standard Of Proof And Litigation Value

Posted on:2003-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:F D ZhuFull Text:PDF
GTID:2156360062496133Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Standard of proof means the degree regulated by law of proving the facts with evidence . We may divide the standards in prevailing two main legal system countries and our country into four layers from low to high according to different standard , i.e. preponderance of probability , beyond reasonable doubt, the high degree of probability , irrefutable and sufficient evidence . The establishment and application of standard of proof may affect the realization of litigation's two main values : justice and benefit . Usually the higher the standard of proof is , the higher the degree of objectivity which reflexes the facts may be , and thus according to these facts the judgement may be much more righteous and the party can obtain much more righteous decision . They are in direct proportion . While the standard of proof is higher, the cost that the two parties and the court undertake will increase accordingly . The benefit of litigation is hi negative proportion to the standard of proof . But people will never acquire "absolute reality " and the justice based upon it can only be relative because the proof of action is relative and that the standard of proof is subjective . The confinement of the evidentiary effect and the demand for objective standard of proof will affect the action in cost and benefit. So the benefit of action is not definite . In our country we choose "centralized leadership system ", which is a kind of high standard of proof , and pay more attention to the value of justice in the process of action , which is unfavorable to the value of benefit . In the author's opinion , we should rebuild the system of standard of proof in our three main actions and make it gradated and specified according to the request that the standard of proof be objective , taking the nature of case , its complication and scope of effect , the difficulty of proving into account .Through this way we can balance the value of justice and that of benefit, and achieve maximum justice and benefit.
Keywords/Search Tags:standard of proof, litigation value, justice, benefit
PDF Full Text Request
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