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Try To Analyze The Standard Of Proof In Civil Litigation

Posted on:2008-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360215488240Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
"The standard has determined not only our criticism on a matter but also our understanding of it, even its existence, in other words, the standard makes us have reason to be sure of the present of the matter". In the evidence law, the standard of proof is the referee's yardstick, and core and soul in the law of evidence. Scholar Bi Yu Qian of our country has pointed out: "For many years, the standard of proof is a hard and puzzled work for the case fact to be asserted in the civil action of China all the time, even to this day, this problem has not been solved in theoretical research and trial practice ultimately, thus leaves an obvious shortcoming in the lawsuit circles of our country." So, it is a meaningful work to further study in the standard of proof of the civil action in our country.The first part of Chapter two of this dissertation sets about from the concept of the standard of proof, analyzes the intention of the standard of proof at first. The standard of proof is a state that the lawsuit proof should reach in fact, referring to the degree or requirement the party should reach when proving the unproved-fact. Secondly, it explains the relationship among the three concepts, i.e., standard of proof, burden of proof and requirement of proof which are easy to be confused, analyzes the extension of the standard of proof. The second part of this chapter analyzes the characteristics of the standard of proof, i.e., legality, stability, objectivity of content and subjectivity of application. The third part of this chapter analyzes the material purpose of studying the civil action theory and instructing of the civil lawsuit practice resulted from the lawful function that the standard of proof undertakes and the way of the standard of proof. All prepare for the systematical studies of the standard of proof in the dissertation.Chapter three investigates the standard of proof of civil action of foreign countries in terms of comparative law. Through the understanding of the standard of proof of civil action each in the two law systems that are "preponderance of evidence" standard and "high degree of probability" standard, it makes the dissertation have modes of reference to discuss the standard of proof of civil action in China by comparing the standard of proof of civil action in the two law systems and the experience and successful methods regarding the standard of proof in civil action aboard.The key part herein is Chapter four and five. These two chapters firstly narrate the traditional standard of proof of civil action of our country, and proposes the relevant questions and suggestions put forward by the scholars. Secondly, it proposes the writer's questions according to the preliminary reform to the standard of proof of civil action of our country. Moreover, it puts forward the writer's own views in constructing the standard of proof of civil action in our country, proving the factors which should be built and perfected considering the standard of proof of civil action of our country and proving the standard reasons and levels to adopt the preponderance of the evidence standard in our country, finally implementing on the establishment and completion of the relevant supporting regulations.
Keywords/Search Tags:the standard of proof, the burden of proof, the preponderance of the evidence standard
PDF Full Text Request
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