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长期以来,我国民事诉讼证明目的是追求客观真实,这种错误的理念导致民事诉讼一直奉行与刑事诉讼相同的证明标准即“事实清楚,证据确实充分”。借鉴西方国家立法和实践经验,明确民事诉讼应该采取比刑事诉讼较低的证明标准,并分析民事诉讼证明标准现状和存在的问题,提出了完善建议。
For a long time, the purpose of civil litigation proof in our country is to pursue objectivity and truth. This erroneous concept has led civil lawsuit to carry out the same standard of proof as criminal procedure, that is, “the facts are clear and the evidence is indeed sufficient.” Drawing on the experience of western countries in legislation and practice, it is necessary to make clear that civil litigation should adopt a lower standard of proof than criminal litigation, analyze the status quo and existing problems of proof standards in civil litigation, and put forward sound suggestions.