On Distribution Of Burden Of Proof A Specific Cases

How should where there two claimants to a deposit receipt, among whom one is real claimant, the other isn't judge at trial decide the man who is real claimant? From this fact, the author derives from the issues how to deal with establishment of the truth of fact and how to distribute burden of proof.By virtue of the fact that proper judgment is based on proper establishment of the fact of case, the papers first discuss how to establish the fact of case. The discussion starts it way through two aspects: idea and path, then reflects the defaults of the model of establishment of fact of case in China, and ends it way by the suggestion that makes use of the favorable points in British and American jury system in China.Secondly, when truth of case is uncertain, the question how to distribute burden of proof comes before judge at trial. In answer to this question, the paper explains the meanings and functions of burden of proof, which involved many theories correspondingly, then from the view of comparative law, gives an account of the rules of burden of proof in America, British, Japanese and soon. As for China, in lack of rule of burden of proof, confronted with the question how to distribute burden of proof, judges either make free use of discretion or are at a loss. Considering he situation, the paper suggests that some steps should be made, which involve abstract the flower of theory of burden of proof and common fruits existing in many countries, and make provision for rules of distribution of burden of proof, in order to make restriction on judge's discretion and further make access to the truth as it is.