Study On The Distribution Of The Burden Of Proof In Contractual Obligation

As the old legal proverb says:" the burden of proof is the backbone of the civil procedure. "Lots of scholars have made a deep study of the burden of proof for many years, and plenty of achievements have been made. However, there are many definitions and ideas which are easily confused with the burden of proof in theory of evidence law and textbooks. There exist different ideas in also in legal practice, the understanding and application of the regulations on the burden of proof appears irregular. Therefore, analysis of the system of the burden of proof abroad and theoretical core is valuable for the improvement of our proof theory and the construction of proof. The right of claims in civil law is mainly based on obligation. Contractual obligation is the most common and the most important kind. This paper tries to study the burden of proof from the viewpoint of contractual obligation, to connect the regulation on the burden of proof and the substantial law on the application of contractual obligation, also to analyze and study the distribution of the burden of proof in contractual obligation, Undoubtedly, it is worthy of studying theoretically, but also is of practical value.