The Research Of The Application Of The Standard Of Proof In Civil Procedure

It has always been a very important issue in the civil procedure law,especially in the evidence law,and it is also the core of the civil procedure.The interpretation of the application of the law of the People's Republic of China(hereinafter referred to as the "interpretation")since February 4,2015.In a certain extent established in China with a high probability principle standard level of diversification of civil litigation proof standard system.In this paper,based on the proof standard and the related theoretical research,and of two civil litigation proof standard system of appraisal analysis,combined with our country issued the latest "explanation",demonstrates our country with a high probability for hierarchical civil litigation principles prove standard theory and rationality,and put forward some suggestions.This paper is divided into four parts: The first part is the introduction of the basic theory of the standard of proof of civil action,including the content and characteristics,as well as the existing problems of the proof standard.The second part is the evaluation of the standard of proof of civil action in the view of comparative law.Comments on the "preponderance of probability" of Anglo American law system and continental law proof standard of "high probability".Then it analyzes the difference of the standard of the two law systems,and then expounds the enlightenment and reference to our country.The third part is the analysis and review of the standard of proof in our country's civil procedure.This paper first analyzes the theoretical evolution of the standard of proof in our country,the current situation of legislation and practice.And then combined with the interpretation Article 108 and 109 to China standard of proof for further review,come to China to establish the high probability level of civil litigation principles of standard of proof.The fourth part is the conclusion of the full text.