On The Inversion Of Burden Of Persuasion In Civil Proceeding

Assignment of burden of persuasion is a central aspect of evidence system in civil action. And it is a most controversial aspect of civil procedural theory. The inversion of burden of persuasion is a exception in it. Recognition and definition about inversion of burden of proof is very dim in the theory and practice. Consequently, I think that it will be helpful to the consummation to evidence system and legislation in China.The article includes four parts. The first part is the analysis to the inversion of burden of persuasion. Define the inversion of burden of proof and compare it to some correlative conception. The second part is the analysis to principal that can instruct the inversion of burden of proof. It point that the inversion is based on the acceptance universal principle to the burden of persuasion. In Germen and Japan, theory about burden of persuasion is so thorough. Academicians introduced some theories about assignment of burden of persuasion. A Germany whose name is Rosenberg, set up a theory that is the most forceful. Moreover In terms of theory and law actuality I believe that his theory is the most forceful in our country that as the basis of inversion of burden of persuasion. That argue that someone consider "who protest, who demonstrate" is universal principle of assignment of burden of persuasion is suspect. And it is the consequence of some factors in civil action and advancement of society, and it is the acquirement of economy in procedural action. The third part is the analysis to some cases. They are dissension about medical treatment and dissension about manufacture's quality and dissension about aggrieve from common danger behavior. Finally, the article analysis some operative rules about evidence system. Then I put forward some suggestions about the consummation to the inversion of burden of persuasion. It point out that the inversion of burden of persuasion is related to part's conclusive benefits, so it should be definitely dictated by law , and judge can not own a lot jurisdiction.The article chiefly adopts the comparable means. It compares the...