Consideration The Type Of Civil Standard Of Proof

Different categories of disputes, the same type of disputes between different objects and physical elements of proof and procedural elements of the standard of proof between the requirement is not uniform, but can be adjusted. Limited by the existing research "program selfishness" and "either-or" thinking of binding, generally considered standard of proof is a procedural issue, and to what standard of proof to the "one system" or a "multiple system" for legal The analysis and argument, while ignoring the substantive law of the fine-tuning of the standard of proof, leading to the standard of presentation too general, abstract and a tendency towards a single, lead can not adapt to the emergence of new civil cases. This paper analyzes current research from the start the focus of controversy that met study the causes of confusion and cause confusion, a detailed analysis of the standard type of consideration to prove the necessity and reality, and re-set standard of proof construction road, break through the traditional litigation type on standard of proof construction of obstacles to the purpose of substantive law and the individual needs of the case as the standard, reconfiguration action type, use the type of thinking on the standard of proof to consider, and to study the list of style to achieve the standard of the "extensive "to" fine-type "evolution, construction of the" four levels "proof standard system.