On Civil Action The Burden Of Proof Allocation

The burden of proof is the spine of litigation. According to the modern theories of the burden of proof, once a genuine issue of fact cannot be established under the clear and convincing evidence standard, the judge should make the court decision according the principle of burden of proof. The burden of proof is an aiding device of which the core nature is to distribute the risk of unfavorable verdict. This dissertation is to study the modern theories of the burden of proof and its application.Apart from the preface and conclusion, this dissertation consists of four parts.In the first part, the writer introduces the definition of the burden of proof in different law families. It is generally believed that the burden of proof embodies two meanings. In the second part, various theories of the distribution of the burden of proof are introduced. In the third part, the writer probes into three problems that lie in the system of the distribution of the burden of proof in China. In the fourth part, the writer demonstrates some proposals on how to develop and perfect the regulations of the burden of proof in China.