Study On Some Questions Of Proof Liability

This thesis studies the distribution of civil proof liability end procedural safeguard of the implementation of proof liability. The thesis holds the point that the first important is to solve the problems in these two aspects in present China. Because there exist certain problems in both aspects in judicial practice, i.e. the imperfect legislation causes judge's coniusion in the distribution of proof liabilities and lack of procedural safeguard for the person concerned when they implement their proof liability.The article comprises of four parts, which are introduction, connotation and features of proof liability, distribution of proof liability, and procedural safeguard of proof liability.The introduction part introduces the significance and necessity to establish a perfect rule system of the distribution of proof liability. The author believes that proof liability is always an important question in civil litigation. The reform of civil and economic hearing method does start from proof liability. But there are still many insufficiencies which directly effect the morale of the person concerned, the faith of the person concerned towards our litigation institution, and the course of litigation, even threaten the smooth execution of court decisions. At the same time, the better implementation of proof liability by the person concerned also depends on a better procedural safeguard. But a series of procedural operation rule systems to guarantee the practice of proof liability of the person concerned are still not set up, this seriously restricts the implementation of proof liability of the person concerned.In the part "connotation and features of proof liability", the author holds that proof liability has double meanings which are proof liability in the sense of actionand the liability in the sense of result. The former, also called action liability, means the proof liability of the person to deliver evidence for the fact he advocates. While the latter, called result liability, is the liability of unfavorable result that the person who advocates is assumed to undertake when the fact is unclear. They have the following relationships. First, result liability is the precondition and reason of the existence of action liability. Second, action liability reflects the content of proof liability objectively and dynamically, while result liability objectively and statistically. Third, result liability mostly represents the essence of proof liability. The author holds that proof liability is a kind of risk burden of losing suit seeing from its nature. The burden includes not only the burden of the person to deliver his evidence but also the burden of losing suit when the case fact is unclear. This view gives consideration to proof liability in the sense of action when emphasizing the essence of proof liability.In the part of distribution of proof liability, the author discusses the comparison among doctrines of proof liab:lity distribution around the world, the present status of proof liability distribution institution in China and problems exist, and the construction and innovation of proof liability distribution institution in China. The author's main points are, first, there are this and that insufficiencies in various doctrines of proof liability distribution around the world. Second, there are many imperfect places in China's present situation of proof liability distribution. Third, we should absorb and draw lessons from the foreign doctrines and experiences and establish a complete set of proof liability rules which are in conformity with China's real situation, reflect justice and fairness, and able to guide our judicial practice. Norm Doctrine is the general rule of proof liability distribution in China for the reason of its substantial fairness. The substantial purpose and value behind the norm doctrine meet the requirement of substantial fairness. The norm doctrine is also very operational. It puts legal norm into four categories and distribute proof liability on the basis of this classification, thus...