The Comparative Analysis And Reconstruction Of The Civil Procedural Standard Of Proof

Standard of proof is the situation that the procedural subjects in burden of proof use proofs to prove fact in issue and argue their claims so that a judge can produce his inner convince to judge the case true or false. Evidence system is one of the most important questions in the civil proceedings and standard of proof is an important question in the evidence system. It is an important aspect of the litigation, however, it is difficult to grasp accurately.Because it directly decided people'cognition about the case truth, Standard of Proof is of theoretical and practical significance to the civil procedure. It has always been attractive to construct a standard to decide, in a proper way, whether or not the parties' proof can be accepted in litigation.For a long period, the standard of proof has been a difficult problem that perplexing our civil litigation all along in determining the facts of case. The problem has not yet been solved ultimately in theoretical research and trial practice, thus leave law circles of our country the obvious regret. And in 2001,The Judicial Interpretation of The civil procedure law applied the standard of "high degree of probability" in part of civil litigations. But it is not reasonable to adopt the "high degree of probability" standard in all civil litigations. The rule of law concerning "standard of proof'seem to be too cursory in our civil action, therefore, it is necessary to further establish opposite certain standard of proof. For the improvement of standard proof in the civil proceedings, we need to study the related law in common law and civil law. The criterion in the common law is preponderance of probability, but it is highly probable in the civil law, at the same time they have respective exception. In a word, our country should construct a system which considers the "high degree of probability" standard as a principle and adopts other forms of standard of proof in special civil cases. And we can build this reasonable system by means of legislation and case law. Making the proof law to norm the Civil Procedural Proof Standard, establish and public the free proof system.