The Application Of High Probability Standard Of Proof

Standards of proof in civil action is the core problem in civil judicial proceedings . It is also an important theoretical and practical problem in lawsuit system and evidence system.After the standard is regulated in the civil action law , it plays an important role in the civil action . But we should realize that the standard in China is not as good as in some developed countries , especially there are not some clear rules to make the standard work , we have no specific law of how to use the standard . It makes the using of the standard becoming confuse , like using it more random , or making the standard useless .How to use the standard correctly , make it useful in the civil action , I study on this problem . The article gives an interpretation to standards of proof in judicial proceedings and the definition of the preponderant probabilities of proof . Make a description of the preponderant probabilities of proof in China , then analyze some cases . Then point out the disadvantages of the preponderant probabilities of proof , what's the factors influence the preponderant probabilities of proof . In this situation , make some clearly requirements of how to apply to the preponderant probabilities of proof correctly. about the significance of the preponderant probabilities of proof in China now , and the application of the preponderant probabilities of proof . At the same time , enumerate two cases to prove the significance . then introduce the disadvantages of the preponderant probabilities of proof , and the influencing factors . At last give some opinions and advices of how to use using the preponderant probabilities of proof correctly . Most advices focus on five aspects , for example , abiding the evidence system of legal evidence , judicial discretion must be legally and rationally, to avoid abusing or misapplying the preponderant probabilities of proof .