Civil Evidential Burden Distribution System Research

The People's court tries the civil case needs to do two work: First, recognizes the case fact; Second, applicable legislation.And recognized that the fact is the applicable legislation foundation and the premise, is the entire civil action's center, but the fact recognizes the rule is also realizes through proof, must solve case's proof problem, first it needs clarify who has the evidence proved that the case fact the duty in the lawsuit main body, namely needs to be clear about the evidential burden to share the question, obviously, the evidential burden and the evidential burden assignment problem occupy the very important status in the civil action. Since old times the Roman law time, the scholars have various theories to evidential burden's meaning and the assignment, has formed the different understanding.This article based on the evidential burden system in the entire civil action system's importance, to evidential burden's concept, the Roman law the different time overseas evidential burden assignment theory and our country evidential burden has shared and so on basic question to carry on the system elaboration, the union theorists logically coherent argument, has analyzed our country present related evidential burden distribution system's present situation, the existence question and proposed consummates this system's concrete conception.The first part of this article introduction evidential burden assignment theory outline.Through to the principle of the Roman law in evidential burden assignment and the modern times of the evidential burden assignment and the development of the contemporary theory, proposed that the legal important document classification said is our country evidential burden assignment theory foundation.The second part uses three contents carries on the elaboration to our country civil evidential burden assignment present situation and the existence question, pointed out that in the evidential burden shares in the question our country civil legislation and the judicial work also waits for further develops and consummates.The third part in the widespread research overseas shares the rule about the evidential burden in the legislation empirical base, proposed to consummates our country civil evidential burden system's concrete conception.This article through to evidential burden's meaning and assignment theory's a series of elaborations, the civil evidence legislation which carries on is having by the time to our country is of help.