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The Principle,Exception And Discretion Of The Distribution Of Burden Of Proof In Civil Lawsuit

Posted on:2003-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:X XuFull Text:PDF
GTID:2156360065460450Subject:Law
Abstract/Summary:PDF Full Text Request
The precondition of studying the distribution of burden of proof in civil lawsuit is to correctly set theoretical definitions for burden of proof as well as the object of burden of proof. Going through various viewpoints upon the distribution of burden of proof,they,guided by the substantive law and the principle of justice and fairness,have respective limitations,they strive for the predictability and stability of law,but unavoidably face the problem of little flexibility,which might make the results not so fair,the substantive standards highlight a great flexibility,but might cause careless judge due to the uncertainty of standards. This article analyses the success and defect of "the classification of key factors in law",the dominant ideology regarding distribution of burden of proof in the Continental Law System,and then comes up with his view that "the classification of key factors in law" should be adopted as the framework of the distribution system of burden of proof in our country,and should be combined with the strictly restricted discretion of distribution of burden of proof. Meanwhile more importance should be attached to the study of the exception of distribution of burden of proof to construct the distribution system of burden of proof in a scientific way.
Keywords/Search Tags:civil lawsuit, law of proof, the distribution of burden of proof, discretion, restriction
PDF Full Text Request
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