On The Distribution Of Burden Of Proof In Unfair Performance Of Contract

This paper is caused by Yellow Crystal Ball Case. After the study of burden of proof in civil procedure theory,I have taken advantages of the different famous theories. I want to show the importance of Chinese traditional rule of burden of proof,that is,who argued that the burden of proof one should bear. Seeks to build a complete set of practical burden of proof on misfeasance of contract.During in our traditional Judicial practice,our rule of burden of proof has been chanllenged from all saids.The reasons are complex,but the most important one is not understanding of its nature and its profound connotations.We should pay more attention to the troditional rule.This paper is based on the legal essentials classification,which is the most mature theorie in the civil law system. At the same time,considerate various of legal values in the role of specific allocation of burden of proof,such as fairness and justice,litigation of economic,development of law value orientation,as close as possible to the real.After analyzing the limitations of our distribution of burden of proof,according the legal essentials classification to make a detailed distribution plan and detailed reasons. At the last of the paper,I have tried to give some advices of legal provisions to make the distrabution of burden of proof more practicable.