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The Perfection Of The Civil Certiifcate Standard

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:J W LinFull Text:PDF
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Civil standard of proof is the authenticity of the factum probandum which the judgesand parties used to judge and found the fact of proof in civil cases. It must befollowed in the course of the scales or criteria in the civil litigation process, which isthe litigation, evidence and specific of the legitimation of civil. The civil standard ofproof in civil litigationis the core issue, and the standards of proof in civil litigation isan important issue in the entire body of evidence. The proof standard in lawsuit isimportant but difficult to grasp. The standard of proof directly determines the facts ofthe case and it has a very important meaning in both the theory and practice of civilprocedure. It is very important how to perfect the civil proof standard which theGeneral legal scholars expect. The civil standard of proof issue have flattened for along time in China. All types of cases use the same standard of proof, which is clearlyunreasonable. We should establish a relatively determining, multi-level standard ofproof.First of all, this article treats the concept, characteristics, function of the standard ofproof as an entry point, so that readers have a general understanding of the importanceof standard of proof. In the second, we can have a macro-understanding of the variousstandards of proof by an elaboration of standards of proof in two legal systems. Bycomparing advantages and disadvantages of the various standards of proof in anattempt, it’s good for us to absorb and learn from our country in China’s actualconditions. Finally, it makes specific recommendations for perfecting the civilstandard of proof by telling the status quo, problems and reason analysis on the proofstandard adopted in China and discussing the importance of perfecting the civilstandard of proof. Perfection is reached: because of the difference on the specificnature, the difference on the caseproofs and the distinction between substantive factsand procedural facts, it’s necessary to establish the multi-storey standard of proof witha high degree of probability, including the preponderance of probability and objectivetruth.
Keywords/Search Tags:Standard of Proof, High Probability, Dominant of Probability, Objective Reality
PDF Full Text Request
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