Theory Of Weapons The Improvement Of The System Of Civil Proof Standard Under The Principle Of Equality

Civil litigation is often compared to a war between centered by the judge to judge of the parties, the parties through the use of evidence in the war the weapon to attack and defense, so the outcome of the lawsuit is essentially depends on which side to gather more evidence, and to show off to the judge, the evidence's probative value and judges need to show the standard as the basis to judge using the proposed the size of the evidence's probative value, proved the party strong evidence as a basis for the finalized. Visible, proof standard is very important in the position in litigation, directly determines the cognizance of the case facts, has a strong theoretical and practical significance.Xinmin v. 2015 judicial interpretation will prove standards for diversification in our country, but the situation is too single, unable to meet the social development of present civil action in the process of various types. Law while the parties to the given equal status and opportunities, but due to the wrong weapons such as between the parties, lead to some unfair phenomenon occurring in a case, how to make the parties shall be prevailing after proceeding to win? This is the civil evidence law in the face of problems, to solve this problem, need to weapons based on the principle of equality, build a more reasonable civil proof standard system, in the form of the parties to find balance between equality and substantive equality.This paper consists of introduction, body, conclusion three parts, including the text has four parts, the content is as follows:The first part from the principle of equality, ask questions, introduce the connotation of the principle of equality and main contents of the standard of proof analysis, on the basis of weapons on the principle of equality and the inner link between civil proof standard.The second part of the civil proof standard outside of inspection, the continental law system and Anglo-American law system are introduced respectively, and draw enlightenment to improve civil certificate standard in China, namely the different nature of the case is suitable for various proof standard, different stages of the process of civil procedure is suitable for various standard of proof.The third part is the introduction of the historical evolution of civil proof standard in our country, as well as the existing civil proof standard weapons laws and combined with the principle of equality to be elucidated.The fourth part is about the improvement of the system of civil proof standard, under the principle of equality in weapons, to improve the substantive facts and procedural respectively, is to establish the general civil substantive facts prove that standard(probability dominant) combined with raise and lower the standard of proof, procedural problems to distinguish whether involving the entity rights and obligations and use different standards.