On Civil Action Reconstruction Of The Standard

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 ptoduce his inner convince to judge the case true or false.Process of proof is rhe process in which truth is seeked for and proof needs proofs to dump, however,to identify and appreciate proofs depends on a judge' sinner heart,that is to say "heart judge of freedom ".Heart judgement needs a standard, in other words, standard of proof. Standard of proof can protect most probably judges from false judgement .By means of level proof or quantitative standard of proof ,it is impossible to judge if standard of proof has been gotten . Burden of proof is the product that judges make most of heart judgement of freedom.The usage of stand of ptoof and efficiency ,which is like two side of thing .Standard of proof that is supposed to objective truth is a subjective standard, which emphises in one hand that idea should reflect objective situation,but in another hand denies the native nature and the requests of law spirits in civil lawsuits,denies the restrictions of judgement situation and judges" identification ability, which maki this standard be short of completeness , practicality and clarity. Otherwise the standard of proof under trurh in law has the practicality which is achieved by means of precedure and rule so that judge can produce heart judgement .Standard of proof under objective truth and truth in law stand side by side ,which have juges jump into dual difficulant situation in fact-appreciating and law-using. The standard of proof of civil litigation should be below criminal suit, which should be preponderence of proof or preponderant evidence so that efficiency and aim that civil suit seeks can be achieved .The standard of proof of civil suit mustsatisfy the requests above ,however , among the mainest three models of standard of proof in two law legal system, only truth in law model can satisfy most the request above .We should take "truth in law" as request of proof , whereas objective truth as terminal aim of litigation activity and found high probable standard of proof mostly and preponderant evidence rule. The applicable scope of the high probable standard of proof include the standind of preponderant evidence.In the case applicable to the high probable standard of proof, a judge put a emphsis on arguing and identifing the proofs that the side has charge of offering . The application of standard of proof of preponderant evidence , which is basde on the premise that burden of proof has been allocated, is that both sides of litigants ofter proof basement and resistence basement, basing on wis own claim or the opposite's and the judge os responsible for arranging the litigants to argue and find out the preponderance of proof which one side offters and then judge the case depending on this side's preponderance."Preponderant evidence standard of proof " and " high probable standard of proof " are founded in civil suit. The advantages lie in : first of all ,they can correspond with the proof tasks of truth in law; secondly, they can unite the standard of proof of appearance that civil substantial legislations adopt, such as a lot of presumptions and pretences in substantial laws; thirdly, it is very helpful to protect litigants' legal advantages by the two standards above ; fouthly, civil law practice can be instructed by the standards ; fifthly, it is very helpful to improve proceedings efficiency and the judges' ability in fact-judging . furthermore, to make perfect rules of proof as standard of proof, which will not intisify surely judges' judgemend level, they can restrain their deed and improve the quality in dealing with the case .