Standard Of Proof In Civil Action

The standard of proof is very important in civil litigation procedures. It is a problem facing the parties, lawyers and judges. In our country, for a long time, civil litigation abides by the "objective truth" which is provided in the "Criminal Procedure Law of People's Republic of China". The standard, far from perfect in theory as well as in practice, is constantly criticized and objected by law scholars and practicers. Judicial explanation concerning civil litigations had establish standard of proof, but it is restricted. It is necessary to establish a uniform standard of proof in the "Civil Procedure Law of People's Republic of China" that suits the situation of our country.The first chapter in this article expatiates the meaning and characteristics of standard of proof as well as its relationships with the burden of proof, free proof and litigation proof activities. And it redefines the standard of proof from the aspects of both parties' burden of proof and judge's free proof. It particularly analyzes how proof of litigation is influenced by subjects, rules and time limitation of proof due to its own characteristics, which leads to differences between the results of the proof and the facts. The object of litigation proof is finding the truth that concerns the case., which shall be regarded as the guidance for the establishment of standard of proof.Chapter two compares the two major legal families in the world, then addresses their contents of proof standard with a comparison thereof made to shed enlightenment on China's civil proof standard, i.e. standard of proof should be a standard of probability; there is no good or bad in the specific probability standard, but only the best suitable standard for a country.Chapter three introduces different theories about how to establish standard of proof in our civil procedure and analyzes their pros and cons.The pivot of this article is chapter four, which address it is necessary to establish a uniform standard of proof in the "Civil Procedure Law of People's Republic of China" that suits the situation of our country. Then it mainly address what we must bear in mind during the transplantation of...