Standards Of Proof Special To The Facts In Civil Procedure Law

In one sense,the law of evidence is the most important,and mot fundamental,aspect of any system of litigation;indeed,it is the bedrock of the rule of law2. Standard of proof as connection litigation, the burden of proof, the judge free heart certificate system, to build a complete system of evidence law, thus prove standard become the core of evidence law. In 2015 by the supreme people's court about the applicable law of the People's Republic of China civil procedure law article 108, 109, the standard of proof to make the explanation of the " high probability " and " beyond a reasonable doubt " specific provision, two article seems to decades of civil certificate standard in China drew a satisfactory full stop dispute, but the truth is always poor. The new judicial interpretation of the civil procedure law, the provisions of the standard of proof is has its progress, but for special stay proved applicable standard of proof beyond a reasonable doubt, the standard in China's current judicial environment significantly higher. For special for the fact that certain proof of such high standards will lead to a series of problems; First of all, lead to excessive use of burden of proof to the case facts, this conflict with the burden of proof complement the referee function; Second, the plaintiff basic may not win, even if the plaintiff won a referee by accident, it will pay the high costs, not only do not conform to the legal principles of economics(general rational man apparently will not spend 600 yuan to 500 yuan to engage in a lawsuit), and the efficiency of lawsuit can't guarantee, also with China for the protection of the parties litigation right of the filing system; Finally, can't really get dispute, civil litigation purpose difficult to achieve.The existence of the problems is that we have to face the reality, that our country civil action to the fact that special to proof standard question research is obvious at the primary stage, foundation is very weak. So in this paper, the main countries of continental law system and Anglo-American law system of civil litigation special for the facts prove that, on the basis of the standard research, combined with China's national conditions, exploring the real conforms to our country special proved proof standard, make up the defects of our country in this area, to provide reference for the legislation and judicial practice in our country.This article is divided into five parts: the first part for special for card and proving, the essay discusses the concept of standard; The second part introduction, analysis of continental law system and Anglo-American law system mainly national civil litigation to the fact that special proof standards; The third part introduces special for the facts have proved that the use of standard in our country; The fourth part analyzes the use of special for the proving standard problems; The fifth part for our country civil action to the fact that special problems of proof standard, put forward the perfect our country civil litigation special certificate proving standard advice, to build our country civil litigation special to be a high probability of proving standard.