| It has always been att ractive to construct a standard to decide, in a proper way, whether or not the parties'proof can be accepted in litigation. Therefore, great efforts have been made by both scholars and practitioners to achieve this goal. The author, however, holds the opinion that finding such a standard is an impossible mission, because compared to the two general characteristics of a standard, concreteness and objectiveness, the standard of proof, if any, needs to be both abstract and based on judges'subjective understandings. Therefore, such a standard people are trying to find only exists in Utopia. The question of when the parties,proof should be accepted can only be answered by those judges, who, guided by certain notions and principles, act according to their consciousness and knowledge on a case-to-case basis. |
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