Burden Of Proof In Civilian Litigation And Its Distribution

Burden of proof system is an important legal system in civilian litigation. At present, the law and learning circles have different understandings and applications for meaning of the burden of proof and distribution of the burden of proof. For research on burden of proof behind other advanced countries, there are imperfections on responsibility and distribution of onus in China.First, the author discusses burden of proof in the two legal systems, combined with understanding of the burden of proof in China and its legal nature in the essay. It points out that the burden of proof has double meanings, namely, the burden of proof in behavior and result, the former one refers that the litigant has the responsibility of offering proof for its claimed facts, the later one refers that when authenticity of the fact is not clear, the litigant claiming fact bears the result of adverse results. The Suit Defeating Danger Burden Theory discloses that legal nature of the burden of proof. Scientific statement of the burden of proof is: the litigant shall have the responsibility of offering proof to the court within specified time according to rules of the law, the court's appointment or the litigant's agreement to prove its claimed fact or refute the other parties'requests. If the litigant fails to offer the proof or the proof is not sufficient to prove the litigant's claim and the authenticity of fact is not clear, the litigant shall bear the responsibility of suit defeating risk.Second, after summarizing and assessing the theory of distribution of the burden of proof, the author thinks that Rosenberg's Theory of Regulation discusses distribution of onus responsibilities from the regulation of law and the case analysis will be listed in the range of legal essentials, so the burden of proof distribution is applicable for Rosenberg's legal essentials classification theory. In addition, the author puts forward basic thinking way and principle for the burden of proof distribution.Finally, the author analyzes definition of the burden of proof and its distribution, points out its imperfections and proposes suggestions on perfecting burden of proof in theory and law.