Issue Of Burden Of Proof In The Company Law

The research on burden of proof in the civil procedure is the overlap between procedural law and substantial law. The social structure and relationship evolved with the rapid development of science and technology, and many new types of ideas and concepts immerged, being the necessary factor to be considered in the process of the allocation of burden of proof. Therefore, it is unrealistic to figure out a method in the theoretical level to resolve the issue of burden of proof once for all. The most applicable way of research in this field is to use the well established theory as the vehicle to analyze the detailed rule of the allocation of burden of proof in specific departmental laws, and provide beneficial guidance to legislation and judicial application. This paper intends to use the established theory originated from the civil law system to analyze the issue of burden of proof in the area of company law. It states the relationship between the rules of burden of proof and the company law and the rules of allocation of burden of proof in the company law. Thereafter, two types of company litigation are chosen to show how the aforesaid rules are applied in specific cases.The part of introduction describes the cause and purpose of this thesis.Part one mainly analyzes the relationship between the rule of burden of proof and the company law. It firstly introduces the concept, materiality, functioning object and activating conditions of the rules of burden of proof. The rules of burden of proof are in its essence substantial law, and it is also part of the company law and an effective method of interpreting the company law.Part two states the allocation of burden of proof in company law. Firstly, some basic theories and principles concerning the burden of proof are briefly introduced. Secondly, when determining the allocation of burden of proof, the first and foremost matter to be considered is the legislation purpose and basic principle of the company law. Since there are a lot more rights to claim in the newly amended company law, the theory of classification according to the legal elements have the legal basis to be applied. Besides, there are special rules to be considered due to the actual situation of the company, i.e. whether it is public held or private owned. Part three applies the analyzing method concluded from the previous two parts to the litigation of lifting the corporate veil and to see how it works. Except for the situation of one-person company, the allocation of burden of proof in this kind of litigation shall strictly comply with the requirements of the theory of classification according to the legal elements.Part four chooses the litigation of shareholder's right of information. It mainly focuses on the shareholder's right to check the financial records of the company and states that the allocation of burden of proof shall be exchanged due to the position of evidence and negotiation power of both parties. However, the allocation of burden of proof shall be degraded according to the openness of the information under the shareholder's inquiry.