A Study Of Distribution System Of Burden Of Proof In Civil Action

It is generally acknowledged that distribution of burden of proof is a difficult legal problem. Up to now, various countries have carried on a large amount of research to burden of proof and attempt to establish the rational distribution of burden of proof. However, in front of the varied difficult case, people find that those distributions of burden of proof often seem awkward and difficult. There are a lot of fruit of study about distribution of burden of proof in civil action in our country, most of them relate with standard of distribution. The general standard about distribution of burden of proof in civil action in our country is that "who claim, who quote." Shifting the burden of proof is the special provision and exception of the principle of burden of proof; investigating and collecting proofs by the people's court combine with sharing burden of proof by the parties is legal feature which accord with the reality of our country's law now. With the social constant development and change, these rules of what our country has now are difficult to solve some new-type cases, expose and appear more insufficient. Therefore, here the author in the article analyses and comments some main theories on the distribution of burden of proof in civil action in the world, summarizes the system of distribution of burden of proof which our country now has. The author on this foundation has proposed a series of perfection suggestions, for our country's legislation and the administration of justice.This thesis is divided into four parts altogether. The first pan is about the burden of proof and distribution of burden of proof. First the paper here analyses the concept of burden of proof, then expounds the relationship between the distribution of burden of proof and burden of proof in the civil action.The second part deals with all kinds of theories about the distribution of burden of proof in" civil action. This part begins with the introduction of the theory of distribution of burden of proof in China and Great Britain and the USA, and then compares the two theories to draw the differences and similarities between them. And then the part points out the development trend of the distribution system of burden of proof.The third part is concerning with the theory and practice of distribution of burden of proof in civil action in our country. The author here has introduced and analyzed the general rule of distribution of burden of proof of civil action in our country, the rule of inverting the burden of proof, the rule of freeing the burden of proof, and the rule of distribution of burden of proof and the court's checkup for verification and the adducing evidence by the parties under the special circumstances.The fourth part is the perfection of the distribution of burden of proof in civil action in our country. The author puts forward some suggestions of revising it from the general principle of distribution of burden of proof, the rule of inverting burden of proof, the rule of freeing burden of proof and the court's checking up for verification.