Civil Proceedings The Fact That The Authenticity Of An Unknown Referee Rule

In human judicial practice activities, sometimes the judge in the case of the trial, not able to claim rights of the parties to the case facts that proposed that judgment, also cannot raises a defense against the party of the proposed defenses to form a correct judgment. This kind of situation is the fact that we have talked about state of proof-when.In the case of facts in under the condition of proof-when, the judge could not for this reason and refuse to the referee. For state proof-when the facts to judge how universal experienced from the gods the referee to again to today's sworn system rules of evidence the referee burden system. Both countries of Anglo-American law system or continental law system country to the case facts, of proof-when the referee rules are not able to make concrete make efficient legal constraints. Our current system of burden of proof it is believed that a state law created the only criterion. But in many ways, the burden system will still get a certain constraint, in many put meters the, it is still difficult to ensure burden of justice and maintain legislative spirit.The author analyses the cause of proof-when the facts, concept definition, from the time of the Angle of the longitudinal analyses proof-when the facts from space for inspection, the Anglo-American system and the continental law system in fact proof-when the comparative study on the rules of our country, fully proof-when the facts on the current situation of the rules, finally draw how perfect our country's civil lawsuit proof-when the facts of the referee rules several opinions.