The Research On The Standards Of Proof Beyond Reasonable Doubt In Civil Procedure

On February 4,2015,Article 109 of the Interpretation of the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Civil Procedure Law)promulgated by the Supreme Court stipulates: “Proof of fraud,coercion,malicious collusion,and For the verbal testament or proof of the gift of fact,the people's court is convinced that the possibility of the existence of the fact to be proved can exclude reasonable doubt,and should be determined to exist." The judicial interpretation created a precedent for excluding the standard of reasonable suspicion in civil lawsuits.This judicial interpretation creates a precedent for the proof standard of excluding reasonable doubt in civil litigation and also breaks the the inherent rules that the proof standard of excluding reasonable doubt only applies to criminal cases.The original intention of the Supreme Law to promulgate this judicial interpretation is to try to establish a diversified certification standard system in civil litigation,but the exclusion of reasonable suspicion standards is too high in China's current judicial environment and judicial background,and it will lead to a series of judicial application.To solve the1 problem.Firstly,This paper explains the extent to which the criteria for excluding reasonable suspicion should be met in the 109 th clause of the Civil Dispute Interpretation.Then,through the method of case analysis,it analyzes the status quo of the application of the civil grievance interpretation of Article 109 in the judicial application.Finally,it analyzes the extraterritorial evidence of civil litigation through the comparative law.Legislation,combined with China's current judicial environment and basic national conditions,proposes feasible proposals for China's legislation and judicial practice.