Discuss Distribution Of Burden Of Proof In Civil Action

Distribution of Burden of proof is one of matter which cry for solving about civil action in our country and which is significant in civil action and very complicated. When the case is not clear finally, the judge nether refuse adjudicating nor difficult to adjudicate without truth. In the case the regulation is needed to show judge work out adjudication .It mostly come down to distribution of burden of proof in mordem law system.For distribution of burden of proof with reason and consummating system about distribution of burden of proof, first of all the meanings of burden of proof is definited which is precondition and foundation about distribution of burden of proof. There are many different concept about burden of proof since Roman law. Now the popular concept is that the burden of proof include action and result burden, moreover they are tight hang together o Distribution of burden of proof is base the concept.Standard of distribution of burden of proof in civil action is the key in the case, it ususlly includes idiographic standard and principle standard .There are a lot of fruit of study about distribution of burden of proof in civil action in our country, most of them relate with standard of distribution. The general standard about distribution of burden of proof in civil in our country is that "who claim, who quote."; Shifting the burden of proof is the special provision and exception of the principle of burden of proof; investigating and cllecting proofs by the people's court combine with sharing burden of proof by the parties is feature which accord with the situation of our country now.There are following suggests which are served as consummating the system about distribution of burden of proof in civil action in our country. The first, the concept of burden of proof and the concept of burden of providing proof must be differentiate. Secondly, we shouldconsummate the general principle about burden of proof in civil action combining with the situation of our country and using for reference "law condition sort theory" and so on. meanings of "claim" should be clear. Thirdly, the concept and content of shifting burden of proof should be regulated according to the sort of the case. Fourthly, we should regulate the authority and the responsibility of the people's court investigating and collecting proofs, the parties should share the total burden of proof and the judge don't attach themselves to collect proofs so that they hold neutral station. Fifthly, the understand, confession and justice cognizing should be regulated .The relation between them and the burden of proof must be exact deal with. In conclusion, we should attach consummating system about the distribution of burden of proof in civil action to reforming civil action system, and strengthen theoretic study and lawmaking, and pay attention to practice, and head for modern system about the burden of proof which adapt to the situation of our country.