民事诉讼的证明标准问题初探

提出证据是当事人的责任,法官的责任是在证据与案件事实之间依据经验法则建立联系。证明标准问题,就是证据与案件事实之间的联系应当达到何种程度,才能足以再现案件的事实,也就是说一方当事人所提供的证据是否能达到证明其主张的证明程度。这在民事审判实践中是一个复杂的问题。不管是英美法系所采用的盖然性占优势或大陆法系国家采用的高度的盖然性证明标准,它始终是属于人的认识活动,而人的认识活动受种种因素的影响和制约。所以如何统一人们的认识,对一般的、原则性的东西形成共性的理念,是在审判实践中急需解决的问题。

Criterion of verification in civil lawsuit

The litigant is supposed to offer proof and the judge may have it as his or her duty to establish the connections between the proof and the facts of the case in light of empirical rules.The criterion of verification which is a very compli-cated problem in the practice of civil justice refers to the extent to which the proof and the facts of the case are connected with each other so that the facts for the case can be relivde that is to what extent the proof offered by one litigant can verify his statement.It concerns human understandings which are influenced and restricted by many factors whether it is the probability-prevailing criterion adopted in the British amd American law system or the full probability criterion adopted in the continental countries.Therefore how to seek unity of understanding and form common perceptions about the general and principled matters is a problem wellworth solving in the practice of justice.