事实探知模式的发展与证明标准的确定

自从人类社会产生以来,人类就在解决各种矛盾和纠纷的过程中生存和发展,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,并不占主流地位,占主流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。我国应确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。

Recognition of the Model of Seeking Truth in the Cases and the Proving Standard

Since the beginning of human society, seeking 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 adopt only when they were settling doubtful and difficult cases in the ancient society, but it was not the main method of settling disputes. The main method of settling disputes was to seek truth and settle the disputes according to truth. The method of seeking the truth in settling disputes has changed from the indistinct truth in which the sense experience plays an important role through formal truth in which rational experience plays an dominant role to the procedural truth in which strict procedure must be carried out. China should construct the proving standard of the procedural truth and adopt the proving standard of preponderance of the possibility to settle the doubtful civil cases.