论民事诉讼中的高度盖然性证明标准

客观真实的证明要求存有弊端,应有法律真实的证明要求取代之.而实现法律真实这一证明要求的手段,即为高度盖然性的证明标准.在我国民事诉讼中,引入高度盖然性的证明标准既有其合理的根据,又有其重要的意义.但法官在适用这一标准定案时,应遵循一定的原则.

Talk about the Height Probability Identification Standard in the Civil action

The objective and true identification demands to have drawbacks, there should be identification with true law and demand to replace it. And realize law true means that identification require this, high identification standard of probability. In our country's civil action, the identification standard of introducing the high probability has already had its rational foundations, there are its important meanings. But judges should follow certain principle when applicable to this standard and make a verdict .