Standards of Proof in Civil Litigation- Guide to China's Civil Evidence Rules (7) - China Justice Observer

”Preponderance of the evidence" does not mean to us what it is said to be here.  By preponderance we invoke the metaphor of scales tipping in any degree to one side, or 50%+ - the more likely than not standard - not 75%.  That numeric metaphor - which we don't use - is closer to what we would call clear and convincing evidence - used most often for punitive damages. - gwc

Standards of Proof in Civil Litigation- Guide to China's Civil Evidence Rules (7) - China Justice Observer

The standard of proof refers to the degree of evidence necessary to establish proof in a court proceeding. According to Articles 108 and 109 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释), the standards of proof in China’s civil litigation can be categorized into two groups: most to-be-proved facts are subject to the standard of “preponderance of the evidence”(高度可能性), and some special to-be-proved facts subject to the standard of “beyond a reasonable doubt” (排除合理怀疑).

I. The “preponderance of the evidence” standard

As the name implies, “preponderance” refers to the fact that the existing evidence has shown that the fact to be proven is more probable than not. “Preponderance” does not require the evidence to reach the extent of beyond a reasonable doubt, and some judges describe it as reaching the possibility of 75%.[1]

Given the different circumstances in each case, as well as the different personal experience and knowledge of each judge, the Chinese law does not specifically provide for “preponderance”, but gives the judge the discretion to make judgment therefor. In practice, some judges think that “preponderance” can be further divided into three levels: highest possibility, higher possibility, and high possibility. [2] It can be seen that “preponderance” is a rather flexible standard, and judges need to determine whether the evidence meets the standard of proof based on the law and their personal experience. [3]

II. The “beyond a reasonable doubt” standard

Some special facts to be proved need to meet the standard of “beyond a reasonable doubt” only applicable in criminal cases. [4] “Beyond a reasonable doubt”, obviously more demanding than “preponderance”, mainly applies to the following to-be-proved facts:

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