Take About The Our Country Civil Litigation Proof Standard

The meaning of civil litigation proof standard is the starting point of studies prove standard problem. Legal requirements or degree, is the certificate standard. Proof standard, also known as "proof","scale" or "strength", in the procedure law of our country academic circles also called "task" or "prove". Proof standard is a legal tool, and the burden of proof is a legal risk allocation mechanism. Both are fundamentally different in nature. Proof standard and the burden of proof are lawsuit adverse consequences to undertake responsibility. At this point both seemed to be one and the same or both inseparable. Proof standard is the precondition of the judge use discretion. At the same time, the use of discretion of civil litigation proof standard also produced a very important influence.The civil law countries are more interested in high probability rule, is not an accident. Because, from the point of litigation mode, the proof standard and its litigation mode has a very close relationship. In countries of Anglo-American law system, an advantage of probability proof standard is the most basic rules. For this phenomenon, we can also from Anglo-American law system countries litigation mode and the appropriate interpretation of proof rule. In two law systems prove that there are differences on the standard rules, but in their respective litigation constitution under the operation result is the same. This for our country to establish civil litigation proof standard provides an important revelation, which need to examine from the Angle of national conditions and litigation practice prove standard.In our country, the civil lawsuit to prove the value of longterm study to our country civil litigation proof standard legislation, theory relatively extensive and thorough reflection and criticism; For foreign related theory and puts forward some insights. The civil procedure law in our country not specified on a standard of proof is reflected in a number of provisions to the judge find out the requirements. Civil burden of proof in our country and the certificate standard and criminal burden of proof and standard confusion, appeared the phenomenon of criminal civil procedure.The proof standard of civil action law is not clear, the judge become criminal in their application. Judge the heart of the open system with secrecy and randomness. Jurors cannot give full play to its function. Parties to a civil lawsuit in the process of investigation is greatly hindered. Should be established in the legislation to law to prove real requirements, high probability proof standard. Improve the system of judge discretion. Improve the system of than in China. To strengthen the investigation by the parties in the process of civil litigation. We can through the improvement of the legislation, perfect the related system through to continuously explore and establish a diversified civil litigation proof standard system, so as to help our country to form perfect socialist country under the rule of law with Chinese characteristics.