Researche On The Civil Burden Of Proof In The Inplementation

A long time,the civil burden of proof in the implementation had not attracted enough attention of legislators as well as legal theory.System lag and the lack of research has led to great confusion for the practice in the implementation,and impacted the work of the court smoothly.From the view of judicial practice,in order to resolve deep-rooted problems in the implementation process,and streamline the relationship between the Court and the parties of inplementationg,it is necessary to provide to the subject and object on the burden of proof in the implementation,the distribution of the burden of proof as well as to the legal consequences of no proof.First this paper defines the burden of proof in civil implementation by using the method of comparison with the trial proceedings;and then analyzes the theory contend,legal value and function on the civil burden of proof in the implementation from the perspective of jurisprudence; then researchs the other countries inspection system about the civil burden of proof in the inplementation,and comes to learn from experience for our country.Finally,this article discusses reconstruction of the system about the burden of proof in the inplementation,sets some principles on the civil burden of proof in the inplementation,and put forward some ideas from the dispute in discharge capacity,the inplementa -tion,objection,third objection and the legal consequences in the burden of time limit and not proof.Sum up,the topic for the deficiencies of philosophy and systemrelated of China's burden of proof in the civil implementation area,tries to build a system including to the principles and rules on the civil burden of proof in the inplementation,with a view to benefits the implementation in practice of civil.