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The Distribution Of Burden Of Proof

Posted on:2009-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:J FengFull Text:PDF
GTID:2166360272471881Subject:Law
Abstract/Summary:PDF Full Text Request
The main part of this thesis focus on Burden of Proof and Distribution mainly from the trial practice. The Analysis discuss how to maximize the benefits of two parties under limited time and cost with the Distribution of Burden of Proof form the doubtful case court decision .Article Part I gets up as for case, the plaintiff holds I. 0. U. telling defendant arrears, law case lasts for 3 years because of the judge has wrong cognition on the Burden of Proof and Distribution. When the case had passed the province, city, three-level area judicial organ and procurator organ, the entire legal process had consumed a great quantity tries resource. So that, the case reflects the significance of that Burden of Proof and Distribution to law case. Part II discusses the traditional theories of the Distribution of Burden of Proof. first, Draw a clear distinction between the connection and difference Burden of Proof and enumerating certificate responsibility and liability to give evidence. And then, make the essence testifying responsibility clear. The civil norms theory by Rosen. Becker has said inference this current certificate of one continent genealogy of law responsibility. The theory has prove that legal norm premise condition beneficial to whose right away as assigning theory, demonstrating "every one party is equal "and then, demonstration has passed tier in theory on the surface. So the theory is easy to understood and carried out. Part III discusses the economics logic of the Distribution of Burden of Proof. The court decision analysing "the doubtful case discussing a norm criticizing accords with "the Coase theorem " and the formula suggested by Sang Benqian. By that analysis, the author bring forward viewpoint to the Distribution of Burden of Proof. To be able to testify cost height from offering an explanation coming evidence distance, one side is that evidence testifies responsibility from when close one party is defeated from low testifying cost.Part IV is to sum up the application of two theories in trying practice. Again, carry out multi-analysis on law case, and come to a conclusion: In trying practice, "standard law case most beneficial to saying " hearing that adjudges; The judge must have this one correct theory about the Distribution of Burden of Proof in hand in order to make the correct court decision to doubtful case, serves to reach the maximization of the legal beneficial action result.
Keywords/Search Tags:Burden of proof and distribution, The benefit of litigation, the correct court decision to doubtful case
PDF Full Text Request
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