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The Responsibility Allotment In The Civil Case In Court Of Offer As Proof

Posted on:2008-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q JinFull Text:PDF
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The burden of proof in all the procedure is the same. It allocate the responsibility to one side ,if one can' t afford ,the court will have a opposite view and give a adverse judge. In view of the methodology, the offer as proof of the pertaining to crimenal procedure responsibility problem and civil case in courts have very greatly distinct, compare with the civil procedure , the pertaining to crime litigation sets out from the position of the humanitarian ism and human nature, will offer the responsibility to give to the accause to undertake" absolutely". Since this meaning, the civil procedure still kept the original appearance, it had been continue the " the plaintiff should undertake the responsibility of proving" of the method establishment and the principle of" vocator has the duty to prove, denier hasn' t"which are of ancient Rome. But from the 50's in 20 centuries, the allotment theories that offers as proof the responsibility also produced the graveness variety with the development of the ages.The burden of proof in the civil case in court include two meanings on the content: The first, who should undertake to offer the proving responsibility, then burden as proof the corpus of responsibility is a plaintiff a square or an accused, or say is affirmative or negation.How to answer this question, will form the theory of pincple of allocation; The second, how to burdening the proof, in which scopes and degree, which is need to be proved which is not, in fact the quality is an allotment standard that offers as proof the responsibility. Because offering as proof is a complexity problem, depending on only a certain theory is too difficult. It should synthesize various theory, absorb from it each from reasonable factor, abstract among them some common principle, tally up a standard of allotment, in order to used for guiding the judicatory fulfillment.
Keywords/Search Tags:civil procedure, burden of proof, allocation
PDF Full Text Request
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