Research On Civil Burden Of Proof Assignment

The system of proof duty is always one of the core subjects that deliberate by the academic circle of civil lawsuit. Its origin can be traced to the emergence of the formal law. The distribution issue of proof duty is one of the problems that urgent to be solved in the civil lawsuit. In the civil lawsuit it not only has considerable practice significance but also a very complicated problem.The article includes four parts: the first part is a summary of the distribution issue of proof duty. In this part, the author started of with the theory of civil proof duty, giving a simple introduction to the conception, intention, and the reason of emergence and its definite implication, moreover, the author not only analyzed the relationship between duty assignment and proof duty but also the value orientation of them, which is of great significance. The second part has researched the comparison of civil proof duty theory in the beginning of the origin of this theory, and introduced the principle in roman legal period, the development of schools of modern theories as well as judging the conception of the two legal systems. The third part is concerned with the reality of this system in china in various levels; Based on the third parts, the author proposed some assumptions to perfect the system.