The Application Of The High Probability Standard In The Case Of Unknown Facts

Following the progress of increasing and improving the rule of law in the context of the construction of the evidence in our country. The evidence system, in particular in the field of civil evidence system set off a continuing wave of research and legislation. The standard of proof which the issue as a civil evidence system has been an important part of the lively discussion to academics and practitioners. As in recent years, more and more frequent practice courts apply the rule to the case, especially in some of the facts of the case appear under unknown circumstances the authenticity of the application of a high degree of probability standard of proof made a finding,indeed, it revealed some new problems, apply some cases and did not get good legal and social effects, typical for such cases, it is worth an in-depth analysis.Take Wu Jundong Case as Example On paper layout, the first chapter of the first case of Jinhua in Zhejiang Province Wu Jundong introduces the basic facts of the case main evidence listed and identify the focus of controversy between the two sides. The second chapter focuses on the case of the court applied a high degree of probability standard of proof judgment, prove the case related to the fact whether the probability combining highly relevant statutes and doctrine analyzed in detail, and the court case in the allocation of responsibilities between the two sides Are share legal and reasonable analysis. Then the third chapter, the inquiry focuses on practical cases,within the framework of existing legislative rules cover the use of highly specific questions Proof Standards referee faces- though compared to the original unification of "objective reality" of the Standards of Proof Civil been has made great progress, but there are still some imperfections-such as these instruments there are still legislative technique less circumspect, the typical high degree of probability rules did not take statements, and refine the definition of proved non-layered high degree of probability that It should reach the level of other issues. Zhejiang Jinhua Wu Jundong has in the case of these issues in this paper, a typical example, the third chapter of this will do in-depth analysis. Finally in the third chapter, the article focuses on the rules applicable to related topics not covered by legislation and supervision perfect eleven detailed analysis and makerecommendations in order to be able to provide some reference.