2011Journal of Henan University of Science & TechnologyRequires access

The Latest Research into the Relationship between Burden of Proof and Standard of Proof

Zhu Xiao-yan

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Abstract

Demand of proof is different from standard of proof,the latter is premise of the former.Being legal,Standard of proof is the scale which helps the judge measure whether the proved activities has reached the demand of proof in civil litigation proof process.In the judicial practice,the burden of proof and standard of proof are closely connected,interacting with each other,tending to be the same in function.The construction of demand of proof should be based on the legal truth,the unity of subjective and objective,diversity in standard of proof.

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Demand of proof is different from standard of proof,the latter is premise of the former.Being legal,Standard of proof is the scale which helps the judge measure whether the proved activities has reached the demand of proof in civil litigation proof process.In the judicial practice,the burden of proof and standard of proof are closely connected,interacting with each other,tending to be the same in function.The construction of demand of proof should be based on the legal truth,the unity of subjective and objective,diversity in standard of proof.

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Available abstract

Demand of proof is different from standard of proof,the latter is premise of the former.Being legal,Standard of proof is the scale which helps the judge measure whether the proved activities has reached the demand of proof in civil litigation proof process.In the judicial practice,the burden of proof and standard of proof are closely connected,interacting with each other,tending to be the same in function.The construction of demand of proof should be based on the legal truth,the unity of subjective and objective,diversity in standard of proof.

Key concepts: Burden of proof, Proof of concept, Direct proof, Analytic proof, Premise, Structural proof theory, Combinatorial proof, Computer-assisted proof

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