诉讼证明标准的再认识

Re-recognition of the model of seeking truth in cases and the proving standard

自从人类社会产生以来,人类在解决各种矛盾和纠纷的过程中,探求事实真相一直是各个社会在处理各种矛盾和纠纷时追求的共同目标和判案标准。神灵裁判是古代社会人们在解决疑难案件时才采用的一种方法,占主导地位的判案方法则是探求案件事实真相,循实情而断案。在事实探知模式方面人类经历了以直觉经验为主的模糊真实,到以理性经验为主的形式真实,再到规则意识较强的法律真实的发展过程。我国应建立法律真实的证明标准,在民事诉讼中对疑难案件的处理采取盖然性占优势的证明标准。

Since the beginning of human society, seeking the truth has been the common aim and the judicial standard that all kinds of societies have tried to attain in order to settle disputes. Spiritual adjudication was a method that people would adopt only when they were settling doubtful and difficult cases in the ancient society, but it was not the main method of settling disputes, and the main method of settling disputes was to seek the truth and settle the disputes according to it. The model of seeking the truth in settling disputes has been seen from the indistinct truth in which the sense experience dominated to the formal truth in which the reason experience dominated and then to the procedural truth in which strict procedure must be carried out. Our country should construct the proving standard of the procedural truth. The proving standard of preponderance of the possibility can only be used to settle the doubtful civil cases.