On The Prima Facie Showing In Civil Litigation

In civil litigation,in order to pursue the economics and efficiency of litigation,judges do not have to be completely confident in every fact,especially for matters that have nothing to do with the substantive trial of the case but the court must respond immediately.Therefore,the system of the prima facie showing arises at the historic moment,and it emphasizes that the judge only needs to meet the standard of rough certainty to prove the relevant procedural facts.In the civil procedure laws of civil law countries and regions,the system of the prima facie showing is explicitly provided,and it is applied as a concept corresponding to the narrow proof.In China,the "Several Provisions of the Supreme People’s Court on Evidence in Civil Procedure",which was recently revised and issued on December 25,2019,for the first time,explicitly referred to the concept of similar systems of the prima facie showing.This indirectly shows the possibility of establishing and applying the prima facie showing system in China in the future.For a long time,under the background of the efficient reform of the judicial process in China,the prima facie showing system has not received enough attention.It is not only reflected in legislation and practical operation,but also reflected in the lack of research on the civil litigation theory in China.Although the current prima facie showing system has legislative support in China,it is still slightly weak.In view of this,the prima facie showing system needs to be continuously improved,and the establishment of the concept of prima facie showing and the construction of the system are imperative.Based on the national conditions of our country,we should further demonstrate the necessity of the application of the prima facie showing in China’s civil litigation,and learn from the theory and regulations of the prima facie showing of other civil law countries and regions,and finally outline the prima facie showing system in our own civil litigation.This system is to make China’s civil litigation proof system more complete,to make the civil litigation procedure run more smoothly,and to protect the litigant rights of the parties more comprehensively.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the definition of the prima facie showing in civil litigation.This section focuses on the definition of the essentials of the concept,and compares it with the narrowlydefined concepts of proof,interpretation,freedom of proof,and explanation in civil proceedings,so as to clarify and establish the prima facie showing in the civil procedure law.The concrete concept will lay the foundation for the improvement of China’s prima facie showing system in the future.The second part is the similar expression of the prima facie showing in China’s civil procedure law and its application necessity.This section first affirms and explains the existence of similar formulations and procedures in China,and then focuses on the application of the prima facie showing in China ’s legislative practice.It also discusses the research situation of the prima facie showing system in the academic circle of China’s civil procedure law.The above aspects reflect the many problems of prima facie showing in China’s civil litigation.Finally,combined with the status quo of China’s civil litigation,the necessity of the application of the prima facie showing system in China is specifically demonstrated.The third part is the status quo of the development of the prima facie showing system in civil law systems.This section mainly introduces the current legislative practice and theoretical viewpoints of Germany,Japan and China’s Taiwan region.By drawing on the actual situation and research results of the countries and regions of the civil law system that have become more mature in the prima facie showing system,after comparing and choosing,we can learn a certain experience for our own use,which is conducive to the improvement of China’s civil litigation prima facie showing system to proceed more smoothly.The fourth part is the Chinese picture of the prima facie showing system.This section does not rush to the specific institutional framework first,but focuses on the issues of nature analysis and procedural positioning if the prima facie showing is really established as a system in China’s civil litigation.As we all know,it is not appropriate to directly introduce a whole set of new system theory into the civil procedure law system,and we should first judge whether the system can be adapted and connected with the entire civil procedure system.After determining this basic question,this section analyzes and constructs it from the four most explored aspects of the prima facie showing,which are the applicable objects,the methods of evidence,the standards and the responsibility.These four aspects constitute the basic skeleton of the prima facie showing system,and the corresponding viewpoint content is the muscles attached to the bones,which jointly support the improvement and development of the entire prima facie showing system in the civil litigation system from the inside to the outside.