Civil Action To Prove The Standard Of Legal Philosophy And The New

The standard of proof in civil procedure is one of the cores of the civil evidence, it involves in the understanding of the basic theories of the proof theory, and it is a method to decide to the object of proof, to burden the proof and to form the preponderance of probability. Therefore, it is very vital to research on analysis and innovation. On the base of the standards of proof, through introducing and transplanting the fuzzy theory, this paper tries to analyze the certain request and the inherent mechanism which cause fuzzy characteristics comprehensively and systematically for the first time, to explain it differently from the traditional procedural word circumstances with structural analysis and the dialectical thinking of legal philosophy, to form the conceptual system and methodology frame which can scientifically describe and handle the fuzziness of the standards of proof ,and to search for an approach to resolve two-dimension predicament between "the objective fact" and "the legal fact". The course of the litigation evidence can be regarded as a system between judge and case facts through evidences. What the fact is signified is not a simple relation between evidences and truth, but the relation created by the individual heart between one evidence and another evidence including judge's values of various orientations. The authority is just the real reason that the fact can be " affirmed", can be" understood" and can be" cleared". Judge certains fact, according to the value that he chooses or adopts. Fact and value mix together. The core of this principle lies in, if we want to give ourselves a full expression of the fact, focusing on everything of judges, and not only the fact, but also allowing different judges to certain fact to same case according to the different truth views in the same law. The judge believes himself first before he believes the fact, believes his own knowledge, experience ,judging ability and the moral level, and believes his own everything, this is the foundation that form the fact. It is a conclusion of individual thinking process, so I calls it as "the judge fact". " The judge fact" is only itself to a certain extent, the " truth" is an individual character , but not general character. "The judge fact" thinks that different judges may make different and correct facts in accordance with the same law to the same case, and acknowledges that the judgment makes the fact have difference nature and uncertainty. The analysis to the predicament of the scientific standard of proof indicates that the standard of proof can't be solved fully to some certain degree, and shows that we can't form unique standard of proof. The really scientific project comes from the systematization of multi-level establishment of the standard of proof.