The author puts forward the probability litigation proof standard and the justice target should be es-tablished in our country which has different proof standard and realizes the different litigation fair.

But since its birth, there have been vehement controversies about the standard of balance: subjective belief or objective probability.

In order to overcome the shorting of law of experiences in fact-finding in the difference of probability of .

In our country s civil action, the identification standard of introducing the high probability has already had its rational foundations, there are its important meanings.

The author concludes that we should set up the criteria of "high probability" in legislation and carry out the necessary reform in the existing system.

The law of China applys different distribution rules for burden of proof such as inversion of the proof responsibility,high probability,bewisvereitelung to assure an objective and fair adjudication in the impairment compensation.

With the issue of confirming the legal effect of electronic documents, the article investigates the international practice of related legislature and puts more emphases on exploring the use of probability regulation in judicial practice and the principle of obtaining evidence concerned.