| Evidence and proof is essential part of civil litigation. Burden of proof and distribution of legal liability of burden of proof is the core of proof. Compared with the theories of civil litigation in the western nations, the study of distribution of legal liability of burden of proof in our nation is still in the starting age. So it is necessary to learn the western nations'theories according to the fundamental conditions of our nation and form our theories about distribution of legal liability burden of proof with Chinese characteristics. The writer discusses the basic problems of the burden of proof and also analyzes distribution of legal liability of burden of proof in the law of Contract. There are four parts in the thesis:The first part is the general introduction of burden of proof. Major concern is the development of the concept of it in our nation according to the definition and comparison of it in the two civil genealogies of law. The writer also analyzes the relationship between the burden of pleadings and the burden of proof, and the nature and function of law of the burden of proof.The second part is the analysis of the causes, theories and the current situations and general principles of distribution of legal liability of burden of proof in our nation.The third part is the research of the distribution of legal liability of burden of proof of the material facts in the lawsuit of contract. The writer of the dissertation mainly focus on the analysis and explanation of distribution of legal liability of burden of proof in following problems of the law of contract: the defense right, unclear proxies and prescriptions, preservation, guarantee, dissolution of contacts, and contractual liability right in formation of the contract and executory contracts,The fourth part is the presumption and distribution of legal liability of burden of proof. Major focus is the analysis of Legal Liability of Burden of Proof in presumption of both law and facts.
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