True Concept And Certified Standard Of Law

Abstract: Litigate certified standard theory research should be proceeded from the following three aspects, certified standard concept, law regulation of certified litigate and true grasp of certified standard. Litigation certified standard concept includes formal true concept, legal true concept and external true concept. Three litigation certified concepts have their own background, through the comparative analysis among formal true concept, external true concept and legal true concept, it is clearly testified that formal true concept only has half sense, and cannot satisfies the requirement of modern litigation, therefore it cannot be the concept of modern litigated certification. The main defects of formal true concept are replacing reality by ideality, magnifying the cognition ability of lawsuit truth of human beings, violating the requirement of program value concept, and blocking the development of the modern judicatory reformation. Legal true concept dose not exclude the formal true concept, and it accords with the cognition relativism, litigation certified relativism and program value concept, therefore, it can be the directive litigation certified concept of China's judicatory reformation. Legal true concept considers that it is impossible and inessential to make the lawsuit truth of cognizance and lawsuit truth of formal truth consistent, therefore, it is considered to grasp the litigation certified standard in the base of possibility to recover the lawsuit truth, and the possibility is the common attribute of the litigation certified standard, and it must be the principle of the litigation certified standard. The certified standard of China's civil action is highly possibility, and the certified standard of criminal actionis to make certain. Litigation certified standard concept and the change of litigation certified standard must influent the modern litigation system fully. It must be an important and earthy task to justify and enrich the current litigation system and to adapt the litigation certified standard concept and the change of the standard.