Standard Of Proof In Chinese Civil Proceedings

Standard of proof is the situation that the procedural subjects in burden of proof use proofs to prove fact in issue and argue their claims so that a judge can produce his inner convince to judge the case true or false. Evidence system is one of the most important questions in the civil proceedings and standard of proof is an important question in the evidence system.For a long period, the standard of proof has been a difficult problem that perplexing our civil litigation all along in determining the facts of case. The problem has not yet been solved ultimately in theoretical research and trial practice, thus leave law circles of our country the obvious regret. And in 2001, The Judicial Interpretation of The civil procedure law applied the standard of "highly probable" in civil litigations. But in my opining, it is not reasonable to adopt the "highly probable" standard in all civil litigations. With these facts before, based on the analyzing in value and demonstration, I cleared up the basics of the theories and histories of the standard of proof, compared the standard of proof of the two law departments, discussed the realities of the standard of proof in our civil proceedings'situation, and reconstructed the new system of standard of proof in our civil proceedings, hoped to be useful to the construction and application of the standard of proof in our civil proceedings.This article consists of six parts:â… . Based upon the analyzing in logic of the civil procedure, I discussed the conception and characteristics of standard of proof.â…¡. I presented these conceptions which related to the standard of proof, just as the discretional evaluation of evidence, objective of proof, value of the...