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Research on the Standard of Proof for Civil Trial

Author: AoRiGeLe
Tutor: GaoZuoRong
School: Inner Mongolia University
Course: Procedural Law
Keywords: Civil Trial Standard of Proof Free Evaluation of Evidence Burden of Proof
CLC: D925.13
Type: Master's thesis
Year: 2008
Downloads: 114
Quote: 0
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Abstract


Standard of proof is a law-regulated, objective, and enforceable degree of proof, which should be achieved for the parties to remove their burden of proof, and which must be achieved for judges to determine the authenticity of facts. Through scholars’ continuous research and investigation towards the standard of proof for civil trial, the civil law system has established a standard of proof system which bases its standard of proof on the high degree of probability; while the common law system has established a standard of proof system which bases its standard of proof on the preponderance of probability. Till now, a definite set of the standard of proof system for civil trial has not yet been established in our country. Meanwhile, the debate about the basic theory on the standard of proof for civil trial and its reform direction in our country is also very fierce among the academic circle.This article starts with the concept of standard of proof, and conducts comparative research on the standard of proof for civil trial in two law systems. After investigating the relationship between the standard of proof for civil trial, free evaluation of evidence and burden of proof, it then conducts empirical analysis on the standard of proof for civil trial in our country. Finally, this article also proposes some suggestions on the perfection of the standard of proof for civil trial in our country.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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