Approach To The Standard Through The Comparison Of The Legal Truth And The Objective Truth

Approach To The Standard through The comparison of the Legal Truth And The Objective TruthThe standard of the Civil Procedure should be the objective truth ,or legal truth ,the discuss is very acute in the academic circles .In civil-law family and common-law family ,the standard of the Civil Procedure is all the probability ,it is called the preponderance of evidence in the common-law family ,and the high degree of probability in the civil-law family .There is a little different in the expression and the degree of achievement ,but the substance is all the basic intension of the legal truth .The standard of civil procedure is always "the fact is clear ,and the evidence is abundant "in legislation in china ,it is called the objective truth in academic circles .But in the Civil Procedure law of the Supreme Peoples' Court ,the standard of the legal truth has been established in the first ,and expresses a double and mixed characteristics and the center is legal truth .I agree the standard of the legal truth in china ,and think the standard of the objective truth ignores the relative truth and the particularity of the lawsuit ;as a idea of justice ,the objective truth couldn't be approached in justiciary practice .The second ,the enforcement of the objective truth can bring out a series of passive influences .In the theories of the legal truth ,I put the value into the legal truth ,and think the legal truth expresses a idea of justice which exists the multi-fold value ,and there is a realistic meanings .At the same time ,through the investigation ,I find that the justiciary practice has advanced the legislation in the standard of the Civil Procedure ,but because lacking of standardization and rational thinking ,it expresses a non-rationality trend .In addition ,we should have a clear-headed thinking to the legal truth ,it is still limited in itself .But the legal truth is the best system to judge the fact until now ,so it is rather urgent to establish the legal truth in our country .The Civil Procedure law of the Supreme People's Court complies with the trend ,established the high degree of probability under the legal truth .The reason is there are many-sided thought .Although the standard in the justiciary explanation has advanced sense ,but its usefulness is lower ,so the standard in our country has double characteristics ,it's only be solved in the future.After the standard is established ,in order to bring the purpose and guiding sense into the play ,it must be transformed to fact-judged in the justiciary practice ,we must have a correct understanding and assurance to the standard ,and a system to assure the standard is achieved .In understanding ,I compared three standards through a case ,in order to discuss the degree to the probability .In system ,I think the standard should be divided in administrative levels .I divided the standard into phased level and total level .The phased level means a standard to judge if one side shakes off the burden to put to the proof ,the purpose to divide is to solve the phased problem ,when one side under the lack of evidence ,forced the other side put to the proof for his behavior ,that the burden couldn't be shake off for a long time .The total level means a standard which the court depends on for fact-judged ,it should be decided .At first ,the important facts in procedure is different from the one in entity ;the second ,the important facts in entity can be decided to elastic standard accord the character of the case .The way approach to the standard ,I think we should establish a system which the legal rule is chief ,and the freedom rule is less important until the legal system is perfect .At the same time ,we should change my idea ,set up a faith to the law ,like this the standard of Civil Procedure can be established really .