The Current Perspectives And Path Selection Of A Diversified Proof Standard System Of Civil Litigation In China

In the research process Civil Procedure Law in China,the standard of proof is regarded as a basic problem in Civil Evidence Law.Although article 73 rd of the Several provisions of the Supreme People's Court on evidence in civil litigation and article 108 th of the Interpretation of the Supreme People's Court on the application of the Civil Procedure Law seem to have already established the standard of proof of high probability,article 109 th of the Interpretation of the Supreme People's Court on the application of the Civil Procedure Law and other legal provisions scattered in the norms of procedural law and substantive law make the proof standard show the trend of pluralism.On one hand,in judicial practice,the misreading of the terms of the standard of proof by the judiciary blurs the applicable boundary,which indirectly leads to the ambiguity and irregularities of the reasoning of the adjudication documents,on the other hand,the crude of the legislative provisions cannot meet the complex needs of the case,and there are sporadic cases in which judges freely apply the standard of proof.From this perspective,the current situation of legislation and judicial practice has put forward the diversity requirements of the standard of proof,which urgently needs to be responded to in the theory of procedural law.The difference of the nature and value orientation of the case,the different characteristics of the facts of the substantive law and the facts of the procedural law determine that the study of the standard of proof should not be confined to the Procedural Law Individualism,but also consider the justice of the substantive law and the qualitative requirements of the law.The new problems presented in the legislative and judicial practice determine that the study of the standard of proof should not only stay at the level of abstract theoretical debate,but also should start from the litigation practice,and finally return to the litigation practice.In the process of the application of the standard of proof of civil action,the requirements of different cases,substantive law facts and procedural law facts,elements facts and indirect facts on the standard of proof are not uniform,but should be diversified and adjustable.This paper will analyze the present situation of a diversified proof standard system from angles of theoretical research,legislative norm and judicial practice,which try to clarify the existing problems of standard pluralism.Also,based on the experience of the application of the standard of proof in the two legal systems and the practice oflitigation,combined with the substantive law,this paper puts forward some suggestions for perfecting the diversified construction of the standard of proof from extensive to fine.In addition to the introduction,the text is divided into four parts:The first part,the current perspectives: theoretical research,legal norms and judicial practice.This part combs and analyzes the current development of the diversification of the proof standard from angles of theory,legislation and Judicature.in the theoretical aspect,clarify the theory development,summarize the controversy among the scholars on necessity and the path choice of the diversified of civil proof standard.At the legislative level,collation and classification of legal norms relating to the standard of proof from dimensions of substantive and procedural law.In the aspect of judicial practice,the application of the standard of proof will be discussed through the overall and sampling analysis of the adjudicatory documents.The second part,dilemma analysis: resistance factors of a diversified Civil Proof Standard System in China.On the basis of the analysis of the present situation of theory,legislation and Judicature,this paper will Put forward the problems faced by the diversification of proof standard of civil litigation in China:conceptual controversy restricts the development of legislation and judicial practice,the Individualism of Procedural Law leads to the absence of substantive law consideration,the crude of legislative provisions causes the failure of normative function,and the blurring of the applicable boundary by misreading the terms.The third part,extraterritorial investigation: the trend of diversification of standards and reference of the two legal systems.This paper analyzes the development of the proof standard of the two legal systems,especially its applicable conditions,institutional background and legal thinking mode,and points out that whether it is the "inner certainty" of the civil law system or the "flexible proof" of the common law system,there is a tendency to the diversity of proof standards,and try to provide extraterritorial experience guidance for perfecting the diversified proof standard system of China.The fourth part,path selection : moving from conceptual dispute to system construction.In the value orientation,it is clear that litigation practice should be the starting point and regression endpoint of the diversified path.In the specific content of the standard of diversity proof,the substantive law and procedural law should betaken into account,and different standards should be applied to the facts of substantive law and procedural law,the facts of elements and the indirect facts.At the same time,as a legislative guarantee,this paper will further refine the standard of proof by judicial interpretation.Last but not least,as supporting measures,this paper strengthens the Proof of mind Disclosure,perfects the Case Guidance System and implements the Judicial Accountability System.