On The Research Of The Evidential Burden Distribution In Civil Litigation

In the civil lawsuit, how to apply the burden of the allocated between parties, which not only relates to the civil litigation can be successfully effective, the more related to achieve the goal of the litigation or not. It is not only a kind of burden distribution, is also a kind of litigation risk sharing, popularly say refers to the case facts bear burden of the parties eventually, if the facts in the case is still not proof end, the party to shoulder the risk losing. It is the fact that when proof-when the risk liability in between the parties in advance, it is allocated the risk liability, not only preset is behavior responsibility bearing, it is mainly the result liability of the parties undertake, and immediate interest entities. But in our country, the allocation of the burden of civil litigation system of the state law is still not perfect, the direct provision very fuzzy, lack of maneuverability, facing the specific case fact is not clear, simple through the provisions of the present burden and couldn't make a decision, still need the judge applicable discretion, it will greatly enhance the our country civil lawsuit legal authority. Above circumstance of our country civil lawsuit decision needs to continue perfecting allocation system, this article, from the our country civil litigation burden distribution system, mutatis mutandis, the status quo of continental law system and common law system, and points out that the relevant theory of current civil litigation law burden distribution system is below, and tries to put forward relative feasible optimization strategy, in order to our country civil litigation and even the entire legal system improve the gain.The first part, the allocation of the burden of civil lawsuit Outlines. Main metasomatism civil lawsuit the basic problem in the allocation of the burden of civil litigation, the allocation of the burden from analytical system concept of civil litigation, compare burden system and the civil litigation system of the allocation of the burden of the difference between civil litigation, draw the conclusion, the allocation of the burden refers to certain rules will burden allocated between parties, in that it needs to solve the claim for a fact or which party what proof this problem, it is to repeal the burden of the case facts outside.The second part, the civil litigation of burden distribution theory.This section with the system more perfect Germany and Japan, for example discussion continental law system country the allocation of the burden of the civil systems, and the relevant regulations of the countries of Anglo-American law system, through comparative study of our country's civil lawsuit, in order to perfect the system of the allocation of the burden of help.The third part, discuss the allocation of the burden of our country's civil lawsuit status quo. This section from our current law, discussion on the allocation of the burden of civil litigation system standard and practical application of the problems that exist in civil litigation to perfect the allocation of the burden of providing basis in reality.The fourth part, discuss the allocation of the burden of our country's civil lawsuit of optimization strategy. This part of the basis of the above, targeted, and put forward the feasibility strategy in civil lawsuit mainly from the content and the allocation of the burden of the allocation of the burden of our country's civil lawsuit of related system two aspects to perfect this system, which eventually realize the purpose of civil litigation. Due to the ancient women living space mainly confined to home, therefore marriage problems within is very important aspect, and the most popular research marriage problems with attention and separated problem feast.Two song is produced and gradually establish Confucian process of the era, "starve to death about things is tiny, the amazing thing dishonor the language of enormous" drew many attack also makes scholars generally are more concerned with the southern women with widowhood. Before the song dynasty women remarry problems related research, from the Angle of history unfold. This article, from the women remarry phenomenon, cause, the song dynasty Confucianism of law provisions, after she identity change and property rights law level research and will include most widowed and remarriage women, into the middle of the song dynasty women system, in the family dynasty under the background of patriarchal clan system is analyzed.