Study On The Standard Of Proof Beyond Reasonable Doubt In Civil Litigatio

The standard of proof refers to the degree to which judges are convinced in the course of litigation to evaluate and measure whether judges have obtained inner conviction of the facts to be proved in the case,which is one of the very important elements in the Civil Procedure Law,and has a key role that cannot be ignored for the parties,judges and the entire case,and can even determine the victory or loss of a case.Article 109 of the Interpretation of the Supreme People’s Court on the Application of the <Civil Procedure Law of the People’s Republic of China> newly revised in March 2022,which established the standard of proof for five types of special facts to be proven,including fraud,as excluding reasonable doubt.For the first time,the judicial interpretation incorporates the standard of proof of "beyond reasonable doubt" that has always been only applicable in the field of criminal procedure into the field of civil procedure,which is a major innovation in the field of civil litigation in China.At the same time,the original intention of the Supreme People’s Court to issue this judicial interpretation is to build a hierarchical and diversified system of proof standards in the field of civil litigation in China,but the current actual judicial environment in China cannot meet the various conditions for the application of this standard,which leads to many difficult problems in the judicial application of this standard in China.This paper first analyzes the concept of the standard of proof and the rationality and necessity of its introduction,then summarizes the outstanding problems in the legislative and judicial levels of the standard of proof through case analysis,and finally puts forward a series of feasible suggestions by drawing on relevant excellent foreign legislation and combining China’s national conditions and actual judicial environment,so as to make the standard of proof more scientific and reasonable in judicial application.