On The Burden Of Proof Is Inverted

Shifting the burden of proof of is the special provision and exception of the principle of burden of proof,during drafting "Civil evidence code" ,divergences about how to regulate the burden of proof appear,jurists have diffirent opinions on it , this paper set out from those divergences and disputes , discussing in detail with six sections: the disputes on the shifting the burden of proof , reasonable define the conception about shifting the burden of proof, the relation of shifting the burden of proof and deduction, shifting the burden of proof in present law and regulations, the function of shifting the burden of proof and the civil cases suitable for this regulation, legislative proposition. This artical elabrates the theoretical and realistic foundation of shifting the burden of proof . Moreover, shifting the burden of proof is a phenomenon of proceeding and other regulations of solution to disputation , it is not confined to those laws and regulations of procedure, but also exist in substantial law. In this paper will discuss the principles of shifting the burden of proof , the regulations can't become sound in its phase of legislation,but it is an important regulation in relief of right, and we should be convinced of it is belong to integrative system engineering. There are profound and lasting significance to conclude the basic legislation and justice principle about shifting the burden of proof.It is not many scholars to clearly prove the opinion of shifting the burden of proof , on the contrary the contradictory scholars are more prominent, for example the vice professor of Southwest Politics and law university, Chengang,Wuyue who translates and introduces the burdenof proof of Germany , because them there are more and more people support the opposite opinion , while in the draft of "Civil evidence code" , the traditional idea win,in this draft the legislator abides by the present justice and our country's native circumstance, they made an scientific choice, of course , the burden of proof will directly influence the party' s possibility of losing the lawsuit, while the regulation of shifting the burden of proof increases the plaintiff's opportunity to win a lawsuit. To explain what is the shifting of burden of proof, the paper use the civil law as the example to point out the "reverse" is not entirly relieve the plaintiff s obligation of producing evidence, but in certain extent and in certain range make the defendant bear the burden of producing those proofs from the reverse way, which are originally beard by the plaintiff. In the three proceeding law , shifting the burden of proof have some differences, butthe interior spirits are coincident-for the values of social justice andthe legal reason. Generally, in the civil procedure law the cinditions of shifting the burden of proof limited the special tort, and neglected the duty of breach contract. During setup the regulation of shifting the burden of proof, we should abide by the following principles which based on the different countries legislative experience and the law' s interior value : the principle of integrating the procedure law and the substantial law,equity value,economic lawsuit principle, protect the weak principle and so on, founding on those regulations, above all we must affirm the conception of shifting the burden of proof , then legislation should avoid seeking perfect , thirdly,developing with the substantial law, finally we can also at-temp to take advantage on the guidance of legal preceden.