Research On The Distribution Of Burden Of Civil Proof For China

The burden of civil proof is the core of civil litigation while the distribution is the key of the burden of civil proof. Since the development of the building of the legal system, the distribution of burden of civil proof definitely becomes the focus of the judicial reform. Nowadays the distribution of burden of civil proof has many malpractices in legislation, theory and judicial actions, and therefore the research on the distribution of burden of civil proof proves itself meaningful and significant theoretically and practically on the background of judicial reform.Only after realize the real meaning of the burden of civil proof we can better establish the distribution of it. This essay first broadens people's mind about the meaning of the burden of civil proof. Meanwhile it puts forward that burden should include the theory of burden of claim, burden of providing proofs and burden of unfavorable consequences. It sticks to the idea that the essence of burden of proof is the burden of unfavorable consequences, and redefines the distribution of burden of civil proof on this theoretical basis. After the redefinition of the distribution and based on the theory of foreign distribution of burden of civil proof, this essay takes advantage of comparative analysis, historical analysis, philosophical ways and etc, specifically analyzes the shorts of the theory and practice of our distribution of burden of civil proof, especially putting emphasis on the pertaining conditions of the practical distribution of burden of civil proof, and analyses the influence of inference and judicial cognition on the distribution. The essay ends up with the value of the distribution of burden of civil proof trying to improve and perfect the distribution system through four points, the value target, the subjects of burden of proof, the rules and regulation system and the protection procedure of the distribution system.