Research On Standard Of Proof In China's Civil Procedure Law

Standard of proof named Degree of proof or Requirement of proof is the situation that the procedural subjects in burden of proof use proofs to proof fact in issue and argue their claims so that a judge can produce his inner convince to judge the case true or false. In our country, for a long time, civil litigation abides by the "objective truth" which is provided in the "Criminal Procedure Law of People's Republic of China". The standard, far from perfect in theory as well as in practice, is constantly criticized and objected by law scholars and practicers. Judicial explanation concerning civil litigations had establish standard of proof, but it is restricted. It is necessary to establish a uniform standard of proof in the "Civil Procedure Law of People's Republic of China" that suits the situation of our country.This article obtains from the standard of proof. First ,It has made the introduction the civil action proved of standard. It has compared the mainland legal system and the English America legalsystem country civil action with emphasis proves of standard and pointed out their huge differences.Second ,It has carried on the detailed limits for Standard of proof, Requirement of proof as well as theway of proof. Clarifies confusion, And has discussed close relation between the Standard of proof and these important concepts .This paper not only elaborated the English America legal system and the mainland legal system the civil action proves between the standard thedifference, Demonstrated each kind of academic viewpoint and to propose thecorresponding view to this explanation of question, Moreover analysis the civil action proved the standardmiddle the present theory and its the practice produces confusion . Unifies our country judicature practice certain characteristics in our country, The discussion obtains to be supposed to establish theobvious superiority evidence principle to take the civil action theunification standard of proof in our country,. As well as highly the probability standard of proof ookthe civilaction proves the standard the supplement. This can adaption civil action judicial presentsituation in our country.