On Distribution Of Civil Certification Responsibilities Of China

The great practical meaning of distribution of certification responsibilities lies in providing correct methods and grounds of judgement for the facts to be proven and the unclear cases in judicial practice, therefore it is of great importance for the civil judicial practice to establish the system of regulations of distribution of certification responsibilities. In the preface, the author proves the meaning of research on the distribution of certification responsibilities, and puts forward the three problems to be discussed in this paper: theories and comments on modern distribution of civil certification responsibilities, discussion of the theories of distribution of civil certification responsibilities of our country and comments on construction of regulations of distribution of civil certification responsibilities of our country.In Part I of theories and comments on modern distribution of civil certification responsibilities, the representative theories in the theories of distribution of civil certification responsibilities in the legal system of China mainland are first commented. In various theories of distribution of certification responsibilities, the theory of classification of important legal documents created by German legalist, Roson Beck, is currently in the disreplaceable position in the legal system of China mainland. Based on the analysis of the construction of pure substantive laws and regulations, the theory seeks the principles of certificating distribution of responsibilities from the logic relations between laws and regulations. The summary for the theory is that every client should claim and prove the regulations and important documents in favor of himself or herself. The theory of classification of important legal documents is of strong logic and operation, and can maintain the justice in the legal form, thus helpful to increase the application of legal security and in the recognition of legislation, judiciary and theories in the legal system of China mainland as well as becoming the common theory of some countries of continental legal system such as Germany and Japan, etc.. However, the theory of classification of important legal documents puts overmuch emphasis on the components of regularizedform, completely neglecting the difficulties of presenting evidence and the protection of rights rescue in order that the real justice and fairness of distribution of certification responsibilities is influenced, which leads to the dogmatic application of the system of certification responsibilities. However, the subsequent theories of dangerous fields and probability are the theories of distribution based on the criticism of some scholars of the theory of classification of important legal documents. The basic starting point of these theories deny the methods of the theory of classification of important legal documents using the formal classification to determine certification responsibilities, thus examining some factors such as measurement of interests, fairness and rights rescue, etc. to establish multiple standards and systems of distribution of certification responsibilities and flexibly distribute certification responsibilities. But there exist some theoretical problems of obscurity of concepts and uncertainty of concrete standards in these theories, which lack operation and cannot separately become the theoretical grounds on which the regulations of certification responsibilities distribution are based.The English and American legal system has the historical tradition of stressing case laws. The common theory of certification responsibilities distribution in the modern English and American legal system is that there is no general standard of certification responsibilities distribution applicable to all the cases in the distribution of certification responsibilities. The individual decisions can only be made on the basis of some factors of comprehensive policy, fairness (including evidence distance) and probability, which is summarized as the theory of measurement of interests because of it...