Civil Burden Of Proof Principle

Evidence and proof is essential part of civil litigation. Although it is civil procedure institution, it has a direct bearing on substantive problem in litigation, and it is significant to protect parties' legal right and benefit, it is significant to bring about judicial justice and enhance judicial efficiency. The action of parties and trial activity of court, both go forward circled with evidence, to some degree, we can say, Evidence and proof is focal point of civil procedure. The institution about burden of proof is core of the institution of evidence and proof, because it resolve the knotty problem about how to trial when the weight of proof can't be distinguished. The institution about burden of proof is concerned with abundant content and frequently is used in practical activities, therefore it need perfect theory to give direction and norm. Since the end of 19 century, the west countries have done profound and wide-ranging probe and research on theory of burden of proof. Comparing to them, the probe and research about same topic in our country is at the beginning stage. Therefore it is need to get better carding on the west theory, and innovation of the theory. In these years, research department and practical department pay enough attention to the legislation upon civil evidence. After several national conferences, more and more people realized that it is necessary to make single civil evidence law. The Civil Evidence Regulations was enacted by The Supreme Court on 21 of December in 2001. These regulations are judicial explanation summarizing our country's experience and combining the condition of our country and advanced theory of foreign countries. The regulation gave the direction of regular pattern and develop trend and legislation pattern. These regulations are significant to bring about judicial justice and enhance judicial efficiency. On the other hand, what kind of problems confusing the regulations in the practical operation, especially the operation status and the path being perfected of the new institution upon burden of proof, is the problem that we must confront with in the evidence legislative activities. This is purpose to write the dissertation.The dissertation makes a systematic study on theory upon burden of proof. Double meaning concept is regarded as the basis of the dissertation. The dissertation analyses...