Civil Action Burden Of Proof And Assigning

After losing a lawsuit to one party in the civil action, because does not understand when taking a fact in the unidentified state of true and false in case, why want judgement oneself to bear to lose a lawsuit the unfavorable consequence burden of proof unilaterally court , and then twine this social general phenomenon told for a long time ,at first from verify bright responsibility and definition and angle that theory discuss of relation of two that burden of proof assign set out this text ,to expound the status and function in the burden of proof and burden of proof are assigned of party and court . The lawsuit party is a subject of the burden of proof ,the court is the subject of the burden of proof distributes .Among concrete lawsuit ,lawsuit party is it want pieces of true and false of fact form heart card and launch around judge to case to perform duty of producing evidence and persuading the judge ,before the termination of litigation ,taking a fact in the case is still at the state with unidentified true and false ,lose a lawsuit by court burden of proof unfavorable consequence is it is it is it should want pieces of fact tl maintain to give to award for "really "but party who should perform duty of proving bear. Secondly ,this article combines and already the legal precedent comes into force ,proceed from the angle of practicing in administration of justice ,probe into how party strengthen evidence consciousness lawsuit ,correct abundant is it produce evidence and persuade identification obligation of judge to fulfill in timing ,is it want pieces of fact in because of whom oneself maintain true and false unidentified state award court oneself bear to lose a lawsuit to endanger unfavorable consequence burden of proof still until case end to prevent from Dangerous.Moreover, this article draws lessons from the countries of two fundamental laws and principles departments about the foundation of assigning regular different theories of burden of proof ,combine one′s own trial practice ,design suitable an stability ,predictabitity and effective burden of proof with law of national conditions assign the standard at present ,namely the court should be according to the regulations of the law and judicial explanation at first while carrying on burden of proof to assign ,secondly consider evidence such factors as holding ,evidence distance ,putting ability to the proof ,protecting the weak ,etc. ,according to experience, fair sincere principle ,classify and say that distributes burden of proof to the foundation with the legal important document ,the court should also respect the lawsuit party′s party autonomy principle while distributing burden of proof . Finally , I hopes and can make out a unified "evidence act", carry on the thinning regulation to party′s burden of proof in the court to lawsuit ,thus enable parties to perform duty of proving and bear burden of proof in accordance with the law ,enable the judge to distribute burden of proof .