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The Research Of The Civil Litigation Proof Standard

Posted on:2014-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y SunFull Text:PDF
GTID:2246330398459426Subject:Law
Abstract/Summary:PDF Full Text Request
As an important branch of the procedural law,more and more scholars have pay attention to the litigation law in recent years.Compared to the criminal litigation,the development and research of the civil litigation lag behind relatively. At present,The reform of the civil trial in China is in progress gradually. The proof standard of civil litigation is the important means to solve the problem of the unfair of the burden of proof distribution.But now,the study of the proof standard of civil litigation in China is not perfect.In our daily life,all kinds of civil disputes happen inevitably,and solving the problems through litigation mode is the most effective and authoritative way.We all know that the application of law is based on the the truth,then accurately finding the truth is the first question in the whole course of the litigation.But the disputes happened in the past,it is irreversible,and the judge did not see it.So we can only rely on the experiencers to represent the details of a case with a variety of evidences. The standard of proof is a hot issue in the study of procedure law. In order to win the lawsuit,the parties try to persuade the judge to believe what they said.The proof standard is a measure of persuading.The civil proof has some characteristics,such as hierarchy,subjectivity and objectivity unity,etc.This article introduces the proof standard of the common law system and the civil law system.-high probability and free heart certificate system.At the same time,the paper describes the difference and the theoretical basis of them.The different lawsuit pattern and other systems are the main reason for the differences.Currently,the civil litigation proof standard of our country adoptes the same standard as the criminal litigation proof standard,which is called the "objective truth".But this standard has already not adapted to the more and more complicated cases.And this leads to low efficiency.I think it is possible to rebuild the proof standard.Although subjectivity and uncertainty do exist in the standard,in our legal system,such as equality,faimess, justice,etc,they also can not be specific and marketed. But it doesn’t mean that things which can’t be materialized cannot be as evaluation standard.In fact,any standard is subjective,even the physical standards.The idea that because of the subjective judgment,we can not build the standard of proof is wrong.Furthermore,building of the standard is aimed at restricting the judge.But this does not mean that the subjective judgment of the judge will be ruled out.Therefore,drawing lessons from foreign countrys,we put forward about rebuilding the proof of "high probability" as the core of civil litigation proof standard. We aslo suggest that law should establish a level of standard which can apply to different civil cases.Finally,all security measures are put forward to confirm the standard again.
Keywords/Search Tags:the burden of proof, the civil litigation proof standard, high probability, free heartcertificate system
PDF Full Text Request
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