Research On The Level Of Standard In Civil Action

Our standard of proof in civil proceedings, at this stage, is still confined toprocedural law, the lack of effective integration with the substantive law. Differenttypes of civil cases, the same civil cases, the standard of proof applicable in differentproof object is not uniform, according to the specific circumstances of the case appliesto a different standard of proof. Existing standard of proof research is still limited bythe range of "high degree of probability", has not refine the analysis of deep-seated,state of marking time, that can not adapt to the emergence of new civil cases. Now, toestablish the level of proof standard has become the trend of abstraction, a singlestandard of proof has not keep up with the rapid changes of the civil field. This articleintends to prove that from the moment the standard research starting point ofcontention, the necessity and reality of the hierarchical analysis of the standard ofproof, breaking the shackles of traditional litigation thinking, analyze by ProceduralLaw and Substantial combined angle, and meticulous standards to prove the use ofhierarchical taxonomies divided to achieve the standard of proof by "abstract","general" to "specific" and "fine" transformation, build the certificate standard systemof China’s modernization.This paper is divided into four parts: the first part describes the meaning andcharacteristics of the standard of proof hierarchical, and discuss the standard of proofhierarchical free evaluation of evidence, the relationship between the goals of proofand the burden of proof, the proof standard hierarchical value. The second partintroduces the level of standard of proof of Two Legal nations, and analyze thesimilarities and differences between them, pointed out that China can learn from theoverall framework and details. The third part is pointed out that the lack of proofstandard is the principal problem of Civil standard of proof exist in our country,andthen discussing the necessity and feasibility of the standard of proof hierarchical. Thefourth part,expound how to build the hierarchical certificate standard,base on thedifferent objects of proof divided proof into the standard of procedural law and thestandard of substantive law, on the basis of different levels of requires classify thestandard, in order to build a multi-level civil standard of proof system based on "high degree of probability".