| The civil onus probandi is called the spine of the civil action by scholars. The distribution of onus probandi is it's core. In our country, the reformation of form of civil trial has been developed with the enhance of party quote as the starting point since the late of 1980's. Currently, enhancing the party's onus probandi has been the common understanding of the law and judicial circle in our country. But in the judicial practice, it's hard to quote for parties, and the problem of the lack of collecting evidences is pretty common, the justness of litigation is difficult to realize. The author try to research the legal quality of onus probandi and bring forward making the guarantee mechanism of party onus starting from the concept,connotation and legal property of onus probandi. Onus probandi is the focus question and there are many academic writings in the law circle. The author'd like to make a little more discussion about it to get some better feedback.This article is consist of the introduction and two big part as main body, about 35,000 words.In part one, the basic concept civil onus probandi and it's distribution is dissertated with the understanding by the author.Quote is one of litigation action which the litigant and next friend give the evidence to the court with the explanation ,show and dissertation of it's probative force. The people's court is not the main body of quote. When we define the connotation of onus probandi, we should learn the overseas theory as the same time considering our country's legislation fact. The author agree with the theory which defining onus probandi as two: action and result onus probandi theory. According to the code of civil law in our country, the litigant give evidence to the court at the period of review and make a decision of prosecution, hold a hearing. If the truth of the case is still not clear when the court debate is over, the side of giving evidence will have to bear the adverse result. Whether the onus is carried out or not and the result of implementation directly determine result onus, and the result onus is inner cause of act when litigant carry out the action onus. Onus probandi stand in legal relationship of litigation, the author try to judge it's law property by putting onus probandi in the legal relationship of litigant and the court. Onus of supplying evidence is not accessory of result onus but a relatively independent concept. Starting from the legal relationship of litigation, we should take onus probandi in code of law as research object. For onus of supplying evidence is shared by two side of litigant. The litigant giving the evidence is the representation of exerting quote right. It's fixed by law that the litigant have the right to bring forward litigation request to the court. Collecting ,supplying evidence is a effective way to prove one's own request and maintain their legal rights and interests. It's a basic litigation right for the party who bring forward the opinion. The range of onus which the party supplying evidence is consistent with the one of it exert quote right. The quote onus which the party assume include it's quote right. As far as judge is concerned, onus probandi is compulsory for party, and if the party cannot give evidence or the evidence is not enough ,it's opinion will be hard to prove, and it's litigation request will not be fulfilled. Considering the party have to obey to judge right, the relationship between the party and the court is one of subjection. In this kind of legal relationship, the relationship between right and obligation is not equal to equal-right legal relationship. If party don't carry out supplying evidence obligation, he doesn't have to assume compensation responsibility. But on the contrary, if he disobey the obligation, it will lead to a bad ending.The distribution of onus probandi is it's core. Definitude the distribution rule has the guiding significance for party exert right of action and the court exert jurisdiction. The author think that we have to consider...
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