The Research On The Prevailing Proof Standards In Civil Procedure

The standard of proof is the core problem in the evidence of civil procedure,but it has not been stipulated in the current civil procedural law of our country for a long time.The theorists and practitioners of our country believe that the determination of civil cases should meet the standards of objective and true.The court should also conform to the objective and true.In order to solve the arbitrary judgment on the fact that the case is not clear in judicial practice,with the development of the theories of "legal truth" and "free evaluation of evidence" in our country,at the same time,on the basis of drawing lessons from foreign the prevailing proof standards,in 2001,China established the high degree of probability in the form of judicial interpretation.Articles 108 and 109 of the interpretation of the Application of the Civil Procedural Law of the People’s Republic of China promulgated in 2015 not only clarified once again that the standard of proof in civil procedure in China is the high degree of probability,but als1 o explained it in detail from the point view of assertive evidence and counter evidence.And it also listed the objects of proof that apply to higher standards of proof.The establishment and the division of the prevailing proof standards in China is later than that in developed countries.In practice,there are many problems in the application,such as the lack of legislative support.And the name of the standard level is confused,it is difficult to grasp the degree of the standard of proof from the name.Also the division of the level is not perfect and the scope of application is not clear.This paper puts forward that we should perfect the legislation of the prevailing proof standards,clarify the scope of application of the prevailing proof standards,and perfect the relevant procedural guarantee system,that is,perfect the rules of evidence certification,perfect the supervision mechanism and perfect the system of case guidance,etc.