重构我国民事诉讼证明标准

Rebuild Standard of Persuasion in Civil Action

证明标准是证据法中重要而又难以把握的问题。认为我国民事案件应该采用法律真实的证明标准而不是客观真实的证明标准。而法律真实证明标准又可分为优势证据证明标准和高度盖然性证明标准。根据人们认识事物常态和现阶段的法律状况等因素,认为我国民事案件应该采用高度盖然性证明标准,在采用高度盖然性证明标准过程中有些事项需要予以注意。

Standard of proof is an important issue in evidence law; however, it is difficult to grasp accurately. The author thinks we should adopt legal truth but objective truth in selecting standard of persuasion in civil action. Standard of providing legal truth can be classified into witness standard of preponderance of probability and the high degree of probability. The author considers witness standard of the high degree of probability should be adopted in our civil cases according to the usual way of knowing things, the present state of law and other factors. We should pay attention to something in course of applying witness standard of the high degree of probability.