简析刑、民事诉讼证明标准之差异

针对长期以来 ,我国刑、民事诉讼中均坚持“事实清楚 ,证据确实充分”同一的证明标准。本文通过介绍辛普森案刑、民事诉讼不同的判决 ,指出刑事诉讼应坚持“排除合理怀疑”的证明标准 ,民事诉讼应坚持“优势证据证明”的证明标准。并分析了刑、民事诉讼证明标准差异的原因及坚持刑、民事诉讼不同的证明标准对司法实践和未来证据立法的启示意义。

The Differences between the Standards of Proofs in the Criminal and Civil Lawsuits in the Case of Simpson

In a long period, the same standard of "clear facts, unquestionable and sufficient evidences" is persevered in the criminal and civil lawsuits. By introducing the different sentences of the criminal and civil lawsuits in the case of Simpson, the thesis states that the standard of "to remove the rational doubt" should be stuck to in the criminal lawsuit and "proof of predominant evidence" in the civil lawsuits. The thesis analyzes the causes for the differences between the standards of proofs in the criminal and civil lawsuits and the its meaningfulness to the future judicial practice and the legislation of evidence.