Probative Value Judgment In The Discretion Of The Jude

In civil actions,the exercise of discretion can be seen during the judgment of facts,which the proof capabilities included.Diverse forms of development are taking place in our society and as a result,civil actions also become unpredictable.For many cases to be testified,there's a high possibility that situations like lack of evidence and unknown authenticity would occur.If it happens,the judge need to form an inner conviction according to his judgment of the evidence offered by both sides as well as the specific details of that case.Only after that,the judge may decide who could win the case.However,it should be noted that the final judgment is supposed to be nothing emotional.It should be confined by the standards of proof,which,although mentioned in the Regulations of the Evidence of Civil Action and the Interpretations on the Application of the Civil Procedure Law of the People's Republic of China,still far from complete.As we can see,only the standards of “highly probability” and “beyond a reasonable doubt” appeared in the regulation and the law.However,because of the ambiguity of the standards,it can lead to the wrong applications when it come to real actions.Therefore,referring to the related effective laws of other countries and considering the practical situation of our own country,we came up with the suggestion that principles of “beyond a reasonable doubt”,“highly probability” and “preponderance of probability” should all be applied during the judgment of civil actions to give the judge a proper right to determine so as to to avoid misuses or abuses of the discretion.