On The Advantages Of Evidence In Civil Procedure Rules

The principle of spurious evidence is a verification standard by which the judges assess the evidence presented by both litigants and normally the evidence of greater persuasive power and probability is accepted by them. Article 73 of " Certain Stipulations Concerning Evidence in Civil Action " promulgated by the Supreme People' s Court On April 1, 2002 manifests this verification standard, indicating the supreme court has introduced the superiority evidence principle introduction trial practice as the verification standard in civil action. The superiority evidence principle has manifested the requirement of "legal reality" .The present civil procedure law of our country lags in the stipulation about verification standard, still demanding the evidence must prove the real situation of the case, namely the subjective recognition must extremely conforms to the objective reality. But in fact it is absolutely impossible for the judges' recognition of the evidence to be absolutely consistent with the facts, which have been elaborated many times before. Therefore to take the verification standard as the guideline in trial practice that requires an unreachable, absolute "objective reality" actually varying among each judge is verification standard is unable to do anything but lead judges into confusion and bring trial into chaos.In civil action, both common law countries and continental lawcountries adopt the principle of "probability" as the principle of verification standard, namely the superiority evidence principle. Comparatively speaking, common law countries adopt the standard of "higher probability", but the continental law countries adopt the...