The Study Of The Application Of Indirect Evidence Of Civil Litigation

Indirect evidence of civil litigation refers to the evidence that must be combined with other evidence to prove major facts of a case.At present,there is no legislation on the application of indirect evidence of civil litigation,which inevitably makes the judge unable to find applicable law for determining the probative force of indirect evidence in civil litigation and greatly lowers the use ratio of indirect evidence.Logic reasoning and empirical law are essential to determine indirect evidence.However,as to the application,there are still some shortcomings in judicial practice.The standard of proof,which is “a high degree of probability”,makes the application of indirect evidence difficult.The standard of application for a judge to make a decision on a case by using indirect evidence has too much randomness.The writing competency of judgments is of great unevenness and lack of sufficient arguments.Therefore,it is necessary to improve relevant legislation and set up reasonable logic reasoning and empirical law,to choose the concrete degree of applying the standard of proof of “a high degree of probability” according to the specific situations of cases,to further improve the code of conduct of judges,the system of responsibility investigation and the rule of responsibility immunity,so as to ensure a fair trial of civil cases.