Research On Civil Procedural Proof Standard

The point of certificate standard, as the core of action certification, is also of great importance in terms of proceedings system and proof system from the perspectives of both theory and practice. Over the years, civil action in China mainly adopts the standard of " true and sufficient" prescribed by Criminal Law. Although reasonable to some extent, this standard has met many problems in terms of theory as well as practice, thus a dispute between "objective proof and "legal truth". After an elaboration on action certificate standard, the existing basis and significance of certificate standard and an analysis of some related theories, this thesis makes a clear definition of action certificate standard and an evaluation of that of the two legal systems. Inspired by all these studies, the author analyses the current situation of civil certificate standard in China and puts forward some suggestions for improvement.This thesis consists of five chapters.Chapter One makes an elaboration on the concepts of certificate standard given by different scholars. And an analysis of those concepts is also made to say that certificate standard is the extent to which proofs must achieve in the process of proving case facts. If the proof given by the side assuming the burden of proof reaches the standard, then the judge should determine the facts and take it as a decision on a verdict. If the side assuming the burden of proof doesn't fulfill the proof task, then the facts cannot hold, either. Besides, the epistemology basis and significance of certificate standard are also discussed in this chapter.Chapter Two elaborates the relationship between certificate standard and burden of proof, free conviction and value of suit, which is of great importance to the definition of certificate standard as well as the analysis of certificate standard factors.Chapter Three makes a contrast between civil action certificate standards of the two legal systems, elaborating their detailed contents, similarities and differences and analyzing the possible reasons. Some inspirations and suggestions, important for determining the civil certificate standard in china, are put forward as a result.Chapter Four analyzes the current situation of civil certificate standard in China in terms of theoretical studies, legislation and practical applications. Also, a contrastive analysis of "objective truth" and "legal truth" is made to uphold the "legal truth". Chapter Five is the key of the thesis. Based on the analysis in the above four chapters, the author puts forward that China should establish a diversified certificate standard with high degree of probabilities in the concept of "legal truth". A detailed classification of probabilities is made to put forward corresponding measures of improving certificate standard.