Research On The Application Of The Standard Of Proof Of Civil Beyond Reasonable Doubt

The Civil Action Explanation article 109 establishes the standard of proof beyond reasonable doubt for the special to testify the fact,this standard of proof is a special request to the civil action proof activity.The standard of proof of civil beyond reasonable doubt with the facts of civil entities as the object of proof,raising the evidence of fraud,coercion,malicious collusion,verbal will or gift to a high probability,and using the term “beyond reasonable doubt”,to the extent that the proof of the above facts is comparable to the standard of proof of criminal proceedings.The article 109 limits the scope of application of the standard of proof beyond reasonable doubt to prevent judges from arbitrarily raising the standard of proof,which results in a wide range of application of the standard of proof,and facilitates the distinction between the application of the standard of proof of criminal procedure.The establishment of the standard of proof beyond reasonable doubt in civil lawsuit embodies the intrinsic level of the standard of proof,and closely joins the civil substantive law of ourcountry,which is the important link of constructing the multi-level proof standard system.However,the application of the standard of proof beyond reasonable doubt is confused with the standard of high degree of probability,which fails to embody the hierarchy of civil standard of proof,the tendency of judge's conservative judgment and the lack of sufficient argumentation of judgement.In order to perfect the application of standard of proof beyond reasonable doubt,we should first make clear that the specific facts are the main applicable object of the standard of proof beyond reasonable doubt in civil lawsuit.Secondly,we should ensure the rationality of “suspicion”,perfect the examination and cognizance of the evidence and limit the judge's abusing by discretion.Finally,on the basis of grasping the special positioning of standard of proof beyond reasonable doubt in civil lawsuit,this paper makes a kind of application to the special standard of proof,and strengthens its normative argumentation in the judicial documents.In addition,the guiding case system should be set up to improve the professional quality and morality of judges.