On Civil Action Established And Applicable Standards

Civil action proof standard is the standard stipulated by law and the degree which is must be reached by the party with the responsibility for bringing evidence to support the fact he maintains and the probative force degree based on all the proofs by the judge and the standard for judging if the case facts can be proved also the standard that the judge judges if the party with the responsibility fulfills his obligation of proof.The article has 4 sections.Section one is the premise and base to discuss in this article. I analyzed and defined several conceptions which are closely connected with the proof standard to study in theory to ensure the conception in the article is unified and clear. With the definition of proof standard by Chinese and foreign scholar, I put forward the conception of civil action proof standard. And I studied the quality and some characters of civil action proof standard.In section two, I analyzed the base for establishing civil action proof standard from theory and fact angles. About theory base, I explained the value pursuit for establishing civil action proof standard at two aspects as litigation proof aim and character and litigation benefit then made a fact analysis carefully according to a clue of evidence justice-ism and the development course of evidence system to bring fact base to refer for establishing civil action proof standard and drew a conclusion that establishing the preponderance of probability as civil action proof standard was justified and reasonable and while analyzing.In section three, based on the legislation of Chinese civil action proof standard, judicial practice and Chinese litigation culture surroundings, I further demonstrated proof standard with preponderance of probability was reasonable and a right choice and stated ensuring civil action proof standard was used rightly according to some characters of Chinese judicial practice. I put forward that we shall make the possibility and practicality, cognition and reality to be uniform by the principle of insisting the preponderance of probability.