Study On The Theory Of Standards Of Proof In Civil Procedur Law

The original intention of writing this article was that I have paid a lot of attention to the development of the standard of proof in civil procedure law. In according to the summings-up of the characters of the standard of the proof in many situations, I hope I can do some basic research in this area and advance the theory about the standard of proof.In the article, we partition the characters of standard of proof in civil procedure law into two types including generalized character and narrow character. The content of generalized character includes not only the characters in different background in knowledge, but also the characters of the standard of proof in the history and two main law systems. The narrow character just includes only the characters in the juristical theory. The article describes the characters of the standard of proof in different means of comparing, history comparing and logical analysis and so on. In the base of the summings-up of the up-to-the-minute situation about the forenamed content, we bring forward some opinion about the standard of proof, and want to have a few revelations to those researches.The article has five parts; the first chapter expounds the different meanings and characters in different circumstance such as linguistic analysis, logical argumentation and juristical way. It mainly discusses the meanings and characters in the ways of analyzing the three phrases including civil procedure law, proof and standard. Then it expounds the characters based on the logical argumentation. Finally it summarizes the meaning and characters of the standard of proof in the juristical way. The second chapter introduces the history of the standard of proof in civil procedure law primarily about the standard of the Gods decision, the standard of legal evidence, the standard of free evaluation of evidence and the staggered characters of these standards of proof.The third chapter summarizes and compares the characters of the standard of proof between the civil law and the common law system, especially in the aspect of its subject and content, then analyses the differences and sameness of it. All the differences are because of the different development of law history in two main law systems. As Dama?ka said, the origins of these different characters are the composing of the court, the centrality degree of the proceeding and the sway of the parties'activities in the proceeding.The forth chapter gives a summary view of the existing theories about the characters of the standard of the proof. And in these bases, it puts forward the arguments of the author. The characters include five points. The first is the objectivity and determination in the content. The second is the subjectivity and immaterialness in the applicability. The third is the advance of the content development. The forth is the formal neutrality and essential orientation and the last is the single goal and multiple arrangements. The chapter also describes the development trend of the standard of proof.The fifth chapter introduces the characters of the standard of proof in every phase, and discusses the revelatory effect of the theories about the standard of proof. It introduces the development history of the standard of proof in China, and then summarizes the characters in each period. Finally in the situation of China, we discuss the relation between the ideal standard of proof and the actual standard of proof, the probability rule and the design of the multiple arrangements.