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关于诉讼证明标准问题,学界历来存有争议,其中客观真实与法律真实更是关注的焦点。我国目前的诉讼证明标准仍有不合理因素,不能适应司法实践的客观需要,因此应予重构。较为科学的做法是以法律真实统领三大诉讼,但对不同性质的诉讼应区别对待。就民事诉讼和刑事诉讼来说,还应在这一标准内部凸显适用灵活性和体系完整性。
On the litigation proof standards, the academic circles have always been controversial, of which the objective reality and the law are the real focus of more attention. At present, the standard of litigation proof in our country still has unreasonable factors and can not meet the objective needs of judicial practice, so it should be reconstructed. The more scientific approach is to lead the three major lawsuits with the truth of the law, but different types of litigation should be treated differently. In civil litigation and criminal proceedings, the applicable flexibility and the integrity of the system should also be highlighted within this standard.