A New Paradigm Of Civil Procedural Proof Standard

The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China(hereinafter abbreviated as the“Civil Procedure Law Interpretation”)clearly defines “high probability” as the standard of civil proof in our country and also add“eliminate reasonable doubt”into the standard,too.Although there are clear provisions on the standard of proof in the legislation,the author has found that the use of the standard of proof in practice is very confusing.The reason for this is that in practice the judge is still in an intuitive and irrational stage.And the standards of proof are not very scientific.However,the fundamental reason is that our country has always focused on the restraint function.This function is difficult to achieve,but after the objective criteria are written into the article,the judge must not be bound by the case when handling the case.This leads to the judge's cringing in the fact determination process,and even to find facts that are not in accordance with his convictions..Therefore,the author proposes that us should pay more attention to the guidance function of the proof standard.Under the guidance function,the proof standard is internalized into the judge's inner rule.Based on this view,the author sorts out the current proof standard system of our country and improved it from two perspectives.On the one hand,in order to maintain the stability of the “Civil Procedure Law Interpretation” that has just been in effect in 2015,retaining the “eliminate reasonable doubt” standard,from the perspective of legal hermeneutics,we could reasonably explain the two current standards.Clarifies the boundaries of the different proof standards applied to make the judges better use them in practice.On the other hand,using the method of comparative law,the correct direction of reform of proof standards should be to lower the standard of proof under certain circumstances,and on this basis,to redesign the construction of proof standards in our country.