On The Burden Of Proof In The View Of Value Analysis

Value pursuing is the cause of all human being's behaviors. Value activities are the basic contents of human society's practice.As a object,the distribution of burden of proof must be judged by man.And hunan being's value pursuing is always realized by practice,being drived by needs and regarding inherent needs as a scale.So the category need is the outset that we study the distribution of burden of proof.But at the same time, vulue is an attribute of relation that comes from reciprocal action between subject and object.By analyzing,in the view of distribution of burden of proof,freedom, efficiency,order and justice are the most important values.They should be the object of the distribution of burden of proof.The core content of the distribution of burden of proof is evaluating the fact of distribution of burden of proof by the standard of value object,then establishing value rules of the distribution of burden of proof.Analylizing the form of the distribution of burden of proof under the standard of four values of the distribution of burden of proof,establishing rules of the distribution of burden of proof is the best choice on value.But in order to solve the question in reason, we must walk out the bondage of distribution,finding out stable foundation that determining the distribution of burden of proof.The foundation is the value that people expect for the distribution of burden of proof.In fact,people's value pursuing is multiple and the multiple values always conflict one another.To solve this question,scholars have made great efforts to establish all kinds of value ranking systems that are fixed,measurable and very accurate,but it is impossible in practice.So that we should deal with everything according to its specific character. Through analyzing the distribution of burden of proof and"legal man",penman believe that freedom should be preferential,then on the basis of guaranteeing a certain degree of order, emphasizing precedence for justice and efficiency. Furthermore, in order to weigh rationally among order, efficiency and justice,we must introduce the factor of man.But considering the rule by man is dangerous,it is necessary to restrict judge's uncontrolled judgment in applying condition, procedure and means.