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The Research Of The Standard Of Proof In Civil Litigation

Posted on:2008-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:J W NiuFull Text:PDF
GTID:2166360218460860Subject:Procedural Law
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Recently ,in the reform of trial proceeding, the evidence system attracted a lot of attentions because of its status in the whole civil procedural law. Standard of proof is the most disputed problem in the study of civil evidence system .Through the communication and conflict of all kinds of views ,the scholars came to some agreements and influence the legislation ,but there are still some questions to be settled. Because it directly decided people's cognition about the case truth, Standard of proof is of theoretical and practical significance to the civil procedure.The dissertation falls into five chapters:Chapter one: The concept of standard of proof. There are the discussion about the definition and the function of standard of proof and the analysis of the different points of the standard of proof between civil procedure law and criminal procedure law.Chapter two: The comparative analysis of the standard of proof. At first, There is the introduction of three kinds of evidence systems in the history: the system of divinity evidence, the system of legal evidence and the system of discretional evaluation of evidence. Secondly, it introduces the standard of proof in civil litigation in common law and civil law countriesChapter three: The consideration of factors to construct the system of the proof of standard .There are the analysis of standard of proof and the discussion in the aspects of philosophy,jurisprudence and litigation practice. Chapter four: The Analysis of current civial standard of proof in civil litigation in our country. After a brief statement about the development of standard of proof in civil litigation in our country, this chapter mainly introduce current civial standard of proof in our country.Chapter five: Reconstruction the standard of proof in our country. In this chapter, there are some suggestions about the content,level and relevant rules of standard of proof in our country.
Keywords/Search Tags:standard of proof, objective truth, legal truth, highly probable evaluation of evidence
PDF Full Text Request
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