Standard Of Proof In Civil Action

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.The civil procedure law applies the standard of "highly probable"in civil litigations.This article points out that it is not reasonable to adopt the "highly probable"standard in all civil litigations.Firstly,this article mentions the important meaning of standard of proof in judicial proof.Secondly,it pionts out the flaws in the standard of proof in civil litigation in our country.Thirdly,it introduces the standard of proof in civil litigation in common law and civil law countries and analyzes the similar and different points in the standard of proof.Finally this article points out several suggestions to rebuild the system of standard of proof.lt suggests we should construct a system which considers the "highly probable"standard as a principle and adopts other forms of standard of proof in sepcial civil cases.And we can build this reasonable system by means of legislation and case law.