On The Proof In The Civil Action Object

The object of proof is a fundamental question in Evidence Law, which is not only the start-point but also the conclusion of judicial proof activity. Only when the object of proof is fixed, proving actions can carry on with a clear goal. And the object of proof is not isolated, because it has close relations with other institutions in evidence law such as the burden of proof, the standard of proof and the evaluation of proof. This article starts from the object of proof, generalizes the concepts of object of proof, and discusses the scope of object of proof, and then discusses the relations between the object of proof and other institutions of proof system.This article consists of three parts. The first part generalizes the concepts of object of proof, and states the importance and essence of object of proof in proving action, and the restraint between object of proof and other institutions in Evidence Law. The second part discusses the scope of object of proof. Through comparing regulations of common law system and these of civil law system, the author holds that the object of proof should include five aspects: the facts of substantial law, the facts of procedural law, the facts of evidence law, law and regulations and experience rule, and then interpret each item. And then discusses the facts which needn' t to be proved, as further discussion of this part, which includes admissions, presumptions and judicial notice. The third part discusses the restraint between object of proof and other institutions of proof system, which include the allocation of burden of proof, standard of proof, and the evaluation of proof. As refers to the restraint to the burden of proof, which include the restraint in usual situation, and the situation when the burden of proof is transferred, and generalizes the traits of object of proof which may lead to the transfer of burden of proof; As refers to the restraint to the standard of proof, the author introduced this kind of restraint in other country from aspect of facts in substantial law, the facts of procedural law respectively, and them discuss this restraint in our country' s law theory and in practice. As refers to the restraint to evaluation of proof, in the marco-perspective the objects of proof have influence on the evaluation of proof in the process of law-suits; and in the micro- perspective, the scope , the category and the extent of its difficulty of objects of proof has restraint on the evaluation of proof, the objects of proof on the extent of care. However, according to the present researches, the studies about the relations between the object of proof and other institutions proof system are rare, this passage is to analyze this question and review it deeply.