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The Analysis On Convert Of Burden Of Proof In Civil Procedure

Posted on:2008-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2166360218460870Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Burden of proof is the"backbone"in the civil litigation, is also the eternal subject that people appeals to follow discussing that. Distribution of Burden of proof is an essential part on the theory upon burden of proof. Theory upon convert of burden of poof is a particular concept in civil law system. It contrast to the normal distribution of burden of proof. And it is the most controversial aspect in civil procedural theory. Recognition and definition about convert of burden of proof is very dim in the theory and practice. Consequently, I think that will be useful to the consummation to evidence system and legislation in China.The whole dissertation contains four chapters. Chapter1, The chapter demonstrates the theory of distribution of burden of proof. The first section clarifies the burden of proof and the distribution or burden of proof. They are mutually independent two problems. In the second section, it demonstrates all kinds of doctrines about theory upon distribution of substantial burden of proof.Chapter 2 introduces the theory upon burden of proof mainly. In the first section, introduces the creation and the theory foundation, and the analysis to three principal concept upon the convert of burden of proof. Several problems that are clarified among the concepts upon convert of burden of proof, for example, the relationship between strict liability and convert of burden of proof, the relationship between transfer and convert of burden of proof. Third chapters aim at summarizing applying to summing up our country and the practice in our country legislation judiciary.Chapters 4 gives some suggestions aiming to perfecting the theory upon convert of burden of proof.
Keywords/Search Tags:Burden of proof, Distribution of Burden of proof, Convert of Burden of proof
PDF Full Text Request
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