证明标准新探

证明标准是诉讼中极其重要而又难以准确把握的问题。为了将证明标准的研究推向深入,需要从新的视角对其进行考察。证明标准具有无形性、模糊性、法律性、最低性等特征。证明标准的确定受诉讼证明的特殊性、案件的性质、事实的重要程度、证明的困难程度等因素的影响。裁判者适用证明标准错误有把握标准过高和过低两种基本形态,它们都将导致认定事实错误。

On Several Issues Relating to Proof Standard

Witness standard is an important aspect of the litigation, however, it is difficult to grasp accurately. As a result, it is necessary for us to carry out a research in order to further the study of witness standard. Witness standard is characterized by intangibility, obscurity, legality, as well as minimum. Witness standard is influenced by several elements, including the particularity of the litigation witness, the nature of the case, the degree of the importance of the facts, as well as the degree of the difficulty of the witness. Generally speaking, judges usually either make the standards too high, or too low, which both lead to the fault of the cognizance of the facts.