Study On The Distribution Of The Burden Of Proof In China

The distribution of the burden of proof, is an anticipatory distribution of different legal requirements shared by both parties, stipulated by law or exercised by judges with the right of discretion on special occasions, due to the uncertainty of the factuality of the fact. Many scholars have written to research about it. In China there have no clear and concrete details for the laws and rules including the code of civil law, nor a united understanding in the academic field. Therefore the distribution of the burden of proof means the point of legislation and execution of the code of civil law.The content of the paper consists of four parts:Chapter I summarizes the distribution of the burden of proof, including the investigation of different theories, discussion of the conceptions of the distribution of the burden of proof and expatiation of the principle rules of the distribution of the burden of proof.Chapter II introduces the theories of Continental legal system and Auglo-American legal system, and the comparison of the two systems.Chapter III analyses the historical process of the distribution of the burden of proof in China and appraises the advantages and deficiency of status in quo.Chapter IV puts forward proposals for perfecting the distribution of the burden of proof in China, especially for the jurisdiction to judges, from different angles, including legislation, court, judges, litigants and lawyers.Cooperating with author's experience, this paper made some discussion about how to optimize the Distribution of the Burden of Proof in China. We hope this paper could attract more people to recognize the importance of this problem, and make great progress in this field.