Burden Of Proof In Contract Litigation

Proof theory is one of the core problem that Civil Procedure Law mimics studying, not only has the "civil backbone" of the theoretical position, but also in modern litigation is of great practical significance. Judge found facts of the case, and render a decision before the applicable law, in order to strictly follow the requirements of syllogism must be facts of the case and the legal norms in the shuttle investigation, to determine the premise and the minor premise in order to obtain rulings conclusions.The burden of proof theory is the minor premise (the facts) to play a role in situations of uncertainty. From this, Burden of Proof in the correct application of the theory not only the interests of the parties are closely related to litigation, but also on the judiciary impartial administration of justice, establish judicial authority, and resolve disputes, achieve social harmony is important.That USA jurist Pound points out, society is hit by in modern commerce most public wealth is to be composed of contract. That the contract law depends on important position in every country legal system therefore is comprehended without being told. Our country is in society at present, economical revolution of type expects that, large amount of the sum contradiction springing up and there existing in necessity between still faulty legal system building of contract dispute conflicts. Ask mutuality weighing up important condition fact particularity and contracted responsibility a difference because contract kind diversity, contract there exist in every stage, lead to assignment status that can display wheels within wheels being hit by the responsibility carrying out a certificate in contract legal action thereby therefore contract legal action there exists certain degree of difficulty and complexity in self. On this basis requiring us to be going deep into the contract law and Civil Procedure Law studying an acquaintance right away urgently, make an explanation (two) combining with the contract law judiciary appearing personally most newly, not only pair of contract disputes want very good assurance on the stage, but also the legal action, being a contract thereby to it's universality and individuality characteristic need to carry out summary partition being hit by what precipitates in legal action certificate responsibility assignment aspect suggest that relative clear and definite general direction principle. Germany philosopher Goethe Zeng Yan: Theory tree of being gloomy, putting into practice is evergreen. The theory life lies in its practice value and significance. This is also the summarization studying method to the main body of a book and studying the significance had better.Part I reviews the main body of a book stating certificate responsibility assignment theory brought forward by Luosenbeike, we say the person is "standard doctrine " generally. Have summed up the connotation "that the norm says ", have made clear that the rationale certificate responsibility assigns fundamental principle content as the main body of a book; The secondary has analysed the feasibility owing principle direction contract legal action.Part II takes "standard doctrine as" criterion, use contract creation, development, end up process in order the logic develops a mainline, have analysed the general principle that the certificate responsibility that the contract concludes with the effect, treaty content, termination of contract and infringement assigns, have explored the general regulation having a law but following in order concrete contract legal action testifies responsibility assignment.Part III sums up contract legal action individuality problem appearing suddenly in every stage, carry out the research testifying responsibility assignment on the person and one by one, the contract goes bail for five aspect including that the contract attaching condition or attaching to the time limit, right, limitation of legal proceedings, right of subrogation speaking out in one's own defense draw with rescission temporarily, legal action testifies the peculiar regulation that responsibility assigns as the contract.The contract models after final union our country at present and Civil Procedure Law is in theory, legislation sum actual judicial practice current situation, adopt sb.'s strong points while overcoming one's weak points by the fact that at home and abroad civil certificate responsibility assigns theory comparison research,contract legal action testifies responsibility assignment theory unification and the legislation making clear that, the actual judicial practice reformation bring forward perfect tentative plan to our country, this has active significance to solving having testify responsibility assignment problem in our country contract legal action beyond doubt.The main body of a book is applied to testify responsibility assignment principle in procedure law testifying general regulation and peculiar regulation that responsibility assigns in the legal action carrying out analysis on the legal action that the contract dispute arouses, understanding a contract with absolute and relativity principle; Carry out relevance document spicilegium and, carry out analysis on concrete case and, linking up sending out the real affair boundary and theory boundary problem, by the fact that legislation regulation, the judiciary explaining the analysis with concrete case, sum up a law, discover a problem, bring forward perfect suggestion to our country.