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Review On Standard Of Proof In Civil Procedure

Posted on:2013-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In our country’s civil lawsuit in judicial practice, often appear different terms forphenomenon, which will naturally cause the credibility of the law down, judicial authoritydamage.The reason is largely depends on the judge for the verification of the case beingdifferent understanding.Determination of the facts cannot be separated from the applicationof the system of evidence,and civil litigation standards of proof is the soul and the core ofcivil evidence system.Therefore, throughout the trial process of the civil standard of proofin civil cases is particularly important.Because of the lack of legislative and imperfect, civil action in our country for a longtime for "the facts are clearly real and sufficient evidence" standard of proof, and academiawill be collectively referred to as objective truth. But there are many problems inpractice,which has been criticized and opposed by scholars and community of practice.Along with the reform of the system of civil procedure, adopted on December16,2001, ofsome provisions of the Supreme People’s Court on the rules of evidence in civilproceedings, Standard of proof in civil litigation in China has changed from objective truthinto legal reality. On the formulation of specific to the standard of proof, scholars havedifferent views. Some scholars believe that is "a high probability" standard of proof, somescholars think is "preponderance of the evidence" standard of proof, which makes judgeson the practical application of standard of proof in a civil trial practice confusing. It is moreresponsive to the current institutional reform in civil procedure, reflecting the requirementof proof of legal truth, subjecting to civil suit a wide range of values, and in judicialpractice and more actionable.Standard of proof is not only a matter of law, but also a legal evaluationactivities.Because "preponderance of the evidence" standard of proof are inherentlysubjective and ambiguous,Judge in the determination of the facts of the case, if not havinga good grasp of the "preponderance of the evidence" standard of proof, loss of impartialitywould make the administration of Justice and authority. Therefore, what we have to do isestablishing better legislation and procedures for security system "preponderance of theevidence" standard of proof of freedom limited in scope to prevent abuse of discretion of judges, achieving real justice.
Keywords/Search Tags:Proof standards, legal reality, "preponderance of the evidence"standard of proof, right of discretion
PDF Full Text Request
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