| The theory about burden of proof is the core part in the legal theory of civil procedure, and the distribution of the burden of proof is also very important in civil litigation, which lead to the success or failure in the civil process. So, not only in legal research, but also in legal practice, the burden of proof is called the backbone of the civil procedure. This dissertation takes the distribution of burden of proof as the research object, mainly talks about some important issue about the distribution of burden of proof, especially researches how to improve the legal system of distribution of the burden of proof. So this dissertation is composed of four parts, which are as below:The first part is the brief introduction of burden of proof in civil procedure. This part introduces some basic definitions and theories about burden of proof. The second part is the comparative study in burden of proof in different countries. This part introduces the legal system of burden pf proof in civil law system and oceanic law system, with the comparative research above, the horizon was board but only to find that this theory is so tough and in different, people hold different views about it. The third part is the main problem of the legal system of the distribution of burden of proof. This part firstly introduces the current situation of the distribution of burden of proof, and then analyzed the main flaws in it, especially points out that the who claims who takes the burden and the legal system of the inversion of burden of proof are far from perfection. The fourth part is the re-construction of the legal system of distribution of burden of proof. With the efforts above, this part maintains that some principles should be held in improving the legal system of distribution of burden of proof, such as the procedure justice, the efficiency and so on. On basis of the principles above, the general rules of burden of proof and the special rule of burden of proof should be improved and re-constructed.
|
PDF Full Text Request