证明标准具有抽象性和主观性特点,这势必导致其可操作性不强与确定性差的局限。对此实务部门已经进行了克减这种局限的相关探索,如制定证据规格、建立案例指导制度以及地方性判例法制度等。这些探索具有一定的积极意义,但也还存在部门化、地方化、制度本身缺陷等问题,需要在制定统一的证据规格、建立判例法制度等方面进行完善。关于证明标准问题的研究应当转向保障认定案件事实准确性的其他具体制度、程序、规则等方面,才能最终走出研究的困境。 Prove that the standard has the characteristics of abstraction and subjectivity, which will inevitably lead to its operability and uncertainty of the limitations. In this regard, substantive departments have carried out relevant derogations to explore such limitations, such as the development of evidence specifications, the establishment of case guidance system and local case law system. These explorations have some positive significance, but there are also some problems such as departmentalization, localization and system flaws. They need to be consummated in formulating unified evidence standards and establishing case law system. Research on the standard of proof should be turned to other specific systems, procedures and rules that guarantee the factual accuracy of the determination of a case to finally get out of the dilemma of the study.