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证明标准即为证据充分或证据不足的分界线———线上则为充分,线下者为不足。证明标准的确立有实体法和程序法两重意义,是证明完成从而使证明责任得以卸除的客观标志;与之密切相关的是证明要求的问题。对证明要求与证明标准的关系,我国学界存在“一元论”与“二元论”之争,但总的说来,学界对此问题的研究并不多见。本文试就证明要求与证明标准的关系进行理清。
Proof of the standard is sufficient or insufficient evidence of the line of demarcation - the line is full, offline is not enough. The establishment of the proof standard has the dual meaning of the substantive law and the procedural law, and is an objective symbol that proves to be completed so that the burden of proof can be dismantled. What is closely related is the question of proving the requirement. In terms of the relationship between the proof requirements and the standard of proof, there is a dispute between the “monism” and the “dualism” in our academic circles. However, on the whole, there are few studies in this field in the academic circles. This paper tries to clarify the relationship between requirements and certification standards.