Research On My Country's Civil Prosecution Standards

The standard of proof in civil litigation as a cornerstone of civil litigation,win the relevant laws and regulations of civil litigation,civil litigation to strengthen domestic proof standards,not only in quality of judges in the trial of cases,play their subjective initiative,but also conducive to the establishment of judicial authority,to create a good legal environment.The proof criterion is actually the fact judgment affirmative personnel in their own judgment,or in the size of the mapping rule,it is also assumed responsibility to win the last confirmed evidence of success and doubts about the fact confirmed to make correct judgment of the authenticity of the premise,to use real evidence convincing to the fact that judge produce firm conviction,because the proof itself has the characteristics of criterion of abstraction,ambiguity and use of subjectivity,so there are many difficulties in the actual operation;and the legislative form of thinking is not clear and the system of making system phenomenon,is to deepen the judicial practice encountered difficult.However,there are still some unreasonable places for the standard of proof in civil litigation in China.These unreasonable factors have some influence on the perfection of our legal system.Therefore,improving the standard ofproof in civil litigation is of great significance to the perfection of our judicial system and the improvement of judicial efficiency.This paper first analyzes the concept,characteristics,legal significance and theoretical foundation of civil litigation proof standard.The criteria of the different and common points,and showed that the domestic and the United Kingdom,the United States,France and other countries related to civil litigation law,as the premise,and the standard of proof in civil litigation of the status quo and existing problems,the standard of proof and how to reconstruct our civil litigation put forward reasonable suggestion.