The Private Loan Dispute Case Of Zhou And Chen

For a long time,the standard of proof for civil procedure in China is rather vague.The standard of proof applied in civil procedure is controversial in judicial practice and theoretical field.In 2015,the supreme people’s court promulgated and implemented the judicial interpretation of the civil procedure law,which established for the first time the "high possibility" of the standard of proof of general civil procedure in China’s civil litigation.At the same time,for the first time,the improved standard of proof in civil litigation is provided for "beyond a reasonable doubt".In addition,the possibility of reducing the standard of proof that can be deduced from the legislation is greater.But defects in legislative technology and understanding differences in the theoretical circle and judicial practice,the civil litigation proof standard,apply to all have certain confusion,the expression of civil judicial documents for "advantage evidence standards" and "advantage evidence principle" not canonical expression as the standard for that case,affect the unity of the civil litigation proof standard scale,is not conducive to civil cases in connection with the sentence.The research case selected in this paper is the case of private loan dispute between zhou and Chen and zhong.The case has been adjudicated by the people’s court of ningxiang county of hunan province and the intermediate people’s court of changsha city of hunan province.The case selected in this paper is controversial and the main focus of the dispute is how to apply the standard of proof in civil litigation.In this case,the plaintiff of the first instance,zhou,proved that "Chen is a joint borrower",whether it has reached the requiredprobability requirement of the standard of proof in civil litigation,and whether it is appropriate for the judge to judge by adopting the standard of proof of "prepond-evidence principle",which has certain controversy and practical research value.This article first to introduce the case summarized,summarizes the main focus of dispute case,to analyze the legal issues involved in the controversy,the two sides in the trial process of cross-examination,contradictory analysis,evaluation,explore civil litigation proof standard in this case the concrete applicable,finally puts forward Suggestions on the perfection of civil litigation proof standard.