证据标准的新思考

A New Thought of Attestation Criterion

民事诉讼证据的认定应设立标准 ,此在实体法和程序法以及在抑制法官的主观任意性方面皆有重要意义。证据的标准应以实事求是作为总体标准 ,以高度盖然性优势证据标准作为具体标准。在司法实践中 ,法官对总体与具体证据标准的综合运用 ,将有利于其主观能动性的合理发挥 。

The attestation of civil litigation should set up the criterion which has the important meaning on Materical Law, Procedural Law, and restraining judges from their subjectivitive random. The criterion of attestation should include the general criterion that takes the yardstick of the practical and realistic as the attestation and the concrete criterion that takes the criterion of high probability and advantage evidence as the attestation. In the justice practice, the judges' synthetic managing of the general and concrete attestation criterion will be in favor of the reasonable exertion in the course of their subjective activities, and guaranteeing the accuracy and availability to collect evidences.