On The System Of Civil Burden Of Proof In China

With the domestic and international community regarding the burden of proof system incivil action concerned, civil burden of proof is reasonable gradually attention. At present our country scholars in the system of burden of proof in civil litigation construction has achieved certain results, mainly concentrated in the civil dispute case evidence point of view, responsibility of civil dispute cases in type proof; evidence obligation the functional significance etc.The right research and establish of burden of proof, seeking a more reasonable distribution of the burden of proof theory, plays a vital role in the judgment of civil cases correctly.But the current system of civil burden of proof in China, there are still some system is not complete with China’s specific conditions and judicial practice to adapt, and cannot achieve each case would really be able to fully reflect the value of fairness and justice. For example, the provisions of the general rules of burden of proof legislations not clear, detailed, suitable scope leads to special rules are too limited. And if a time limit for adducing evidence rules are too rigid flexible enough, so that the judge iL nota perfect procedure guarantee. In addition, in the system of burden of proof in court confession of verification, the discretion of the judge, etc. there are many defects, these defects in legislation directly affects the application in the judicial practice, legislation and judicial disjointed, thus affecting the administration of justice. Visible, the right research and improve the system of burden of proof plays in thejudgment of civil cases correctly. Therefore, the significance of this paper is discussed through the civil burden of proof system, our country compared to the foreign system of the burden of civil proof, for how to further improve and perfect the civil rules of burden of proof in our country, the judicial practice in the process of handling cases can fully reflect its value, put forward some thinking and suggestions.