The Distribution Of The Burden Of Proof In Civil Case Study

The allocation of the burden proof system is one of the core systems of civil litigation, and the result of it often determines the outcomes.In the recent years, following by the civil trial reform, the system is to strengthen that parties supply evidence and the court supplements by conception and behavior. But the parties' relative lack of supplying evidence affect their physical and litigate right; at the same time the court and its judges have some misreading, resulting in different decisions in the same case. Those are contrary to the value of justice and efficiency, too. In view of this, the author based on a typical case in the civil practice, conducts a study of the current system in China, from both the court and the parties.The paper is divided into introduction, body and conclusion. Introduction:an overview of the system, the importance, history, practical problems and intention of this article. The body consists of three parts. Chapterâ… :the case description and theoretical analysis. Theoretical analysis is the key. Selecting the user and the producer and seller cause a particular infringement case, giving a selective list of the evidence and four different outcomes of the proceedings. The theory is built around the purpose of resolving this case, summing up the meaning, rules and the principal of the system. Chapterâ…¡:case study. This section uses the method in integrating theory with practice. First analyzes the case in all, for the further case study. Then assesses the applicable case law decisions with the view of double meaning and legal elements, study four rulings right or not. And assesses party's burden of proof pointing that the parties' lack of capacity to supplying evidence; At last study responsibility of the court to verity, showing the error in investigating and supplying the evidence initiatively. Chapterâ…¢:Enlightenment and the path of improving the system in method of one into two. Inspiration is based on Chapterâ…¡, including the parties should target at supplying evidence in line with requirements of the system, and the judge should correctly understand the method of the system and avoid taking evidence actively. Based on the enlightenment a proper path in both parties and judges is given. Parties are to establish proof safeguard system in inside and outside for internal and external causes; Judges are to handle properly the relationship with clients in collecting and supplying the proof, and to improve theories and practical ability of themselves. In conclusion the author highlights this article further.