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A Study On The Responsibility Of Folklore

Posted on:2015-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:H MengFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Who advocates, who proof\" is the ancient Roman law has been the continued use of the principle of proof, and in the course of legal proceedings, the judge can’t machinery, the principle of the need according to the case facts prove standards and the ability of proof of parties, comprehensive distribution of burden of proof. So clear standards for the allocation of burden of proof, can enhance the predictability of the result of the burden of proof allocation, the parties to avoid allocation standard is not unified and cause the parties to the judgement of doubting. Our country belongs to the statute law, emphasizes the unity and stability of the method. When the case facts in the apocryphal, facing the problems faced by the judge and the parties concerned problem is different, the judge is responsible in the case of the truth of unknown conditions to solve how to apply the law, and the parties face who bear the adverse consequences therefrom. If the judge to the parties cannot put forward favorable evidence for objective reasons led to the case facts apocryphal as an excuse to not survey the truth, escape the judgment of the bear responsibility, and even regardless of the specific conditions of case, cannot be made in accordance with, the welter of judgment, directly caused by the parties to the disappointment of judges and defiance of the law authority, resulting in the people’s court judges the credibility of a big discount.Means, this paper expounds on the burden of proof standard, the burden of proof allocation and improve the system of evidence, and applies the above content specific to solve the problem of private lending the burden of proof, to better solve the debt disputes between citizens and to promote the harmonious development of society, promote the orderly development of market economy, establish a reasonable distribution of burden of proof system.
Keywords/Search Tags:the burden of proof definition, Private lending, Proof standards, The burden of proof allocation, Improve the system of proof
PDF Full Text Request
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