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The Logical Analyses About The Standard Of Proof

Posted on:2007-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:X J WangFull Text:PDF
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Standard of proof is the core problem in judicial proceedings, which plays a very important role to realization of standards of proof. Therefore it is not merely an important theoretical but also practical question with great significance in the lawsuit system and evidence system. In the thesis, the concept, classification and origin of standards of proof are generalized; the logical characteristics of proof of China and Western are revealed; logic forms as well as advantage and disadvantage of the proofs of"probability","beyond reasonable doubt"and"subjective truth"is demonstrated. On the base of that, our standards of proof is carefully analyzed and done research. Meanwhile, improvement and imagination of standards of proof in China are put forward and demonstrated from logic view. The article is formed of three Parts.Partâ… : Generality of standards of proof.The standard of proof means the degree that the truth of the case is proved by all the litigation participants using proof and complying with law. It passed through the following forms: God's decision truth, formal truth, be convinced beyond doubt and objective truth. The standard of proof, from Psychology view, can be classified 2 kinds: convinced without doubt and convinced with doubt. From view of Legal Philosophy, God's decision truth,formal truth and be convinced beyond doubt. From the view of Epistemology, subjective truth and objective truth. The standard of proof makes great sense to substantive law and procedural law.Partâ…¡: the standard of proof of Western.The two law departments use pluralist standards of Proof, that is to say,the criminal and civil standard of Proof are different."Beyond reasonable doubt"works as standard of Proof in criminal Proceeding and"Proof on a balance of Probabilities"be applied in civil cases. The characteristic about standard of proof of Common Law is that...
Keywords/Search Tags:standard of proof, logical analysis, probability, subjective truth
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