Standard Of Proof In Civil Action

Standard of proof play an important role in civil action, relating directly to the efficiency and justifiability of civil justice. At present there is no principal standard of proof in civil procedure law in China. The incompleteness of standard of proof makes it difficult in practice for judges in accept evidence as well as results in willfulness on the part of judges, which in turn affects the authority and public confidence of the justice.From a practical angle, this article compares and analyzes the standard of proof have been used or now are used both in China and other countries by means of comparative approach and horizontal & vertical analysis approach. Based on this and with analysis on the purpose of legislation, legal form, legal requirement and litigation model in China, the article points out that the high degree of probability shall be the principle established in civil action in China.