简论中西刑事和民事诉讼证明标准

A Brief Study of Proving Standards in Chinese and Western Criminal and Civil Lawsuit

西方国家的刑事诉讼证明标准是排除合理怀疑或内心确信,民事诉讼证明标准是优势证据证明,这是一种主观真实或法律真实的证明标准。我国诉讼证明以辩证唯物主义可知论为基础,强调客观真实,要求证据确实充分。这是一种理想化的证明标准,具有重大缺陷,应以法律真实的证明标准取代,刑事诉讼适用排除合理怀疑原则,民事诉讼适用优势证据证明原则。我国刑事诉讼和民事诉讼应实行高低不同的证明标准,以适应两种诉讼各自的特点和规律。

The proving standard of Western criminal lawsuit is to be rid of rational suspicion or confirm of guilt at heart. The proving standard of Western civil lawsuit is to prove advantageous evidence. It reflects subjective truth or legal truth. The proving standard of lawsuit in our country is based on emphasizes the objective truth of evidence. Demanding accurate and adequate,it is an ideal proving standard and embodies defects. Therefore,our proving standard should be replaced by the proving standard of focusing on legal truth. The principle of being rid of rational suspicion should be applied to criminal lawsuit,while the principle of proving advantageous evidence is applied to civil lawsuit. To adopt different proving standards is to suit their respective characteristics and rule.