著者

西台 満 NISHIDAI Michiru

出版者

秋田大学教育文化学部

雑誌

秋田大学教育文化学部研究紀要 人文科学・社会科学 (ISSN:1348527X)

巻号頁・発行日

vol.68, pp.61-67, 2013-03-31

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I discussed the standard of proof in the criminal suit under the title of ‘‘The Principle of the Free Discretion of Judges as to the Probative Value of Evidence and ‘the Degree of Proof’ ”published in Memoirs of Faculty of Education and Human Studies, Akita University No.65, 2010. I insisted there that ‘‘the preponderance of evidence” would be enough for the prosecution to convict the accused of a crime. In the same way as in the criminal case, a plaintiff does not have to produce evidence to such an extent as to make the judge confident that his claim is well-grounded. Because it is not going too far to say that both parties have no conclusive evidence in the civil action. ‘‘The Burden of Proof” nowadays hotly disputed in the Civil Proceedings Law Society, therefore, is a sterile flower caused by the unreasonable demand from the plaintiff.