Review On Standard Of Proof In Civil Procedure

Standard of proof is a fairly important issue in the field of litigation proof,according to which the parties involved evaluate litigation strategy that has been made and do some adjustment,the judge decides the fact-ascertaining and thus come out the final judgment.However, the proof standard is the sort of conception that directly relates to judges' subjective world,and this standard is widely accepted as quite vague and blur.The crucial reason for this embarrassing situation is the characteristic of proof standard itself,which bears both the character of subjectivity and objectivity.The subjectivity character tells the essence of the litigation proof,while the objectivity is for the operability and predictability of the proof standard.Different theories with respect to standard of proof come out of different ways of treating and understanding the characteristic of subjectivity and characteristic of objectivity.Due to the difficulty of shaping a uniform viewpoint on this topic,the standard of proof is identified broadly as the Goldbach's conjecture in the kingdom of law,and indeed there are some scholars who putting forward the view that the proof standard issue is a utopian conception.The author is trying to bring forward some new ideas grounded on the comparative study of both the judicial practice and theory on this topic,hoping that this dissertation will benefit the further study in relation to proof standard.The major research method of this dissertation is to reorient and reconsider the dialectic relationship between the inner-assurance and preponderance of evidence,which is the fundamental clue to discuss and analyze the topic,in other words,the author focuses on the subjectivity, the essence of proof standard,and at the same time,talks something about the objectivity.The major point of this dissertation is as follows:the essence of the standard of proof is judges' inner-assurance,which involves the concept of preponderance and therefore internalized itself the characteristic of objectivity.The issue of proof standard in the legal practice is the issue of inner-assurance;nevertheless,there exist the possibility and necessity to reconstruct this standard in theory.The author believe that the preponderance should be the exact criterion to express the concept of inner-assurance and we should create different sort of preponderance to handle different situations.