Research On Reducing The Burden Of Proof Of Legal Dasis For The Parties And System Conastruction

As our country civil procedure law of the judicial system is an important part inthe theory and practice of justice, which has played an important role in the civilprocedure. Evidence is the core of the system of law, as the most important proofresponsibility distribution system and has been called the "back" civil litigation inChina for study; the civil procedure law also should not allow to be ignored.In the 1980s the civil trial reform, especially for the civil proof responsibilitysystem reform gradually appear in modern cases, combined with common influencesof our national proof responsibility system development direction. In modernlitigation mode, appeared in a series different from traditional mode of action, whichexists between the parties, the status of different distances from evidence, and the useof evidence ability. As it can guarantee the equality of litigation domain, and cannotassure litigation purposes. This article chooses in this problem, namely is uneven intoday's litigation mode. This paper discusses how to protect the interests of thedisadvantaged to overcome difficulties. The burdens of proof, thus ensuring the blockout the proof of an equal posture into action, and finally achieve the expected fieldeffect of litigation.This paper prepares to alleviate the burden of proof that a problem from fouraspects of the parties:In the first chapter, it takes a look at the proof responsibility system in historicalreview, through its development and the current development situation; we can makemore close to know the proof system in the whole procedure of history status anddevelopment direction. The second chapter, reduce the burden of proof for the legalbasis and value pursuit is analyzed. A system designed and its profound theoreticalsupport for proof responsibility system, while the analysis as the same. This chapterfrom realizing the equality, justice, honesty and credit principle, essence, discussedthe system of legal basis. In addition, through the system design, the pursuit of valueto further clarifies the writing paper. In the third chapter, it introduces the systemreducing burden of proof is mainly the continental law system country, such asreducing standards of proof, the use of ostensible proof, eliminate prove hinder, the burden of proof. Chapter 4, combined with our country's legislation and practice,compared with other countries and puts forward some useful Suggestions andmeasures, not only from the Angle of the other party, but also from the bear theburden on the party with the investigation and evidence collection of significance,achieve alleviate the burden of proof. Through this paper putting forward questionsand problem solving, hope we can write after the country legislative work provide therelevant evidence of some beneficial enlightenment.