摘要
证明标准是证据制度的核心和灵魂。文章在对我国民事诉讼证明标准的含义进行界定的基础上,通过对两大法系关于民事诉讼证明标准的立法比较,得出我国现行的法律真实不能成为一种证明标准,我国应采用优势证据证明标准来重构民事诉讼证明标准体系。
The evidence standard is the critical part in the evidence system. With the definition of the deep meaning of the evidence standard in the civil lawsuit and the comparison in the two main law system about making law for the evidence standard in the civil lawsuit the comparison among the various points of view made by the scholars in our nation about the evidence level in the civil lawsuit, there is coming into an conclusion that the current law in our nation is not suitable to be regarded as an evidence standard. The reconstruction of the evidence standard in the civil lawsuit should be taking into action according to the different level.
出处
《山西省政法管理干部学院学报》
2008年第3期91-93,共3页
Journal of Shanxi Politics and Law Institute for Administrators
关键词
证明标准
客观真实
优势证据
民事诉讼
evidence standard
objective reality
prior evidence
civil lawsuit
