Abstract:
As family cases are complicated, some scholars suggest expanding the scope of application of the existing special standard of proof and establishing a diversified system of proof standards in family proceedings with the standard of high probability as basis and beyond reasonable doubt and balance of probabilities as auxiliary. Both extraterritorially and in China, the mainstream view is that the standard of beyond reasonable doubt is not appropriate for family proceedings. Out of the pursuit of truth, public interests and family ethics, it is not wrong to increase or reduce the intensity of proof for some special facts in family proceedings, but raising or reducing the general standard of proof lacks theoretical reasons and is likely to cause judges to make arbitrary decisions, which is suspected of making the substantive law impracticable. The construction of the diversified proof standards system should not be built on the second abstract level parallel to standard of high probability, but should clearly take the high probability as the unified standard, and should be supplemented by the third level of specific standard, thus further puting forward specific and appropriate requirements for the strength and intensity of proof of special facts. This is the appropriate choice.