The Analyse Of The Distribution Of Burden Of Proof

The issue on the distribution of burden of proof is a core issue of the civil evidence system as such an issue spans entity laws and procedure laws; if the burden of proof have been allocated improperly, an unjust trial result will be directly resulted in. Therefore, the theory on the distribution of burden of proof is also called the"back of civil actions". With the improvement in the overall diathesis and operational capabilities of Chinese law professionals, the issue on the distribution of burden of proof has increasingly become the focus in the court debates. Some experts in the Chinese theoretical circles have taken the lead in the active exploration of this issue and have greatly driven China's judicial construction. Although the author, who works as a judge, cannot keep up with those working for theoretic studies, she has chosen this question for discussion for the purpose of learning with an eye on the actual requirement to solve those puzzling problems in judicial practices. The issue on distribution of burden of proof has been brought forward because of the objective existence of lawsuit facts which have not been proved to be true or false. The values of the theory on the distribution of burden of proof lie in that such a theory can provide the judge with a concise and shortcut disposal scheme according with equity and justice in allusion to facts that cannot be clarified.The theory on the distribution of burden of proof originated in the Roman Law; and Germany has made outstanding contributions to the world's studies in the theory on the distribution of burden of proof . Having developed through the period of annotating the Roman Law and the period of German Common Law, two major schools, i.e. the theory of facts to be attested and the theory of classifying legal requirements, have been...