On Civil Action The Burden Of Proof Allocation

Burden of proof has been one of the core subjects in the field of civil procedure law. To speak without exaggeration, it is a very hot topic among scholars in uncountable law books. Rosenberg, a famous procedure law jurist in Germany, pointed out that burden of proof is "the backbone of civil procedure", which shows the status and role of burden of proof in civil procedure law. The Supreme People's Court Judicial Committee adopted "the Supreme People's Court on a number of provisions of civil procedure evidence" on December 6, 2001, which made a comparative systematic judicial explanation on civil procedure evidence and gave a clear definition of burden of proof for the first time. How to apply the rules of burden of proof correctly? It is an issue requiring urgent solution in the judicial practice.The article develops the discussion mainly in the following four aspects: the definition, the essence, the value orientation and the distribution criteria of burden of proof, furthermore, exploring how to distribute the burden correctly.As far as the concept of burden of proof is concerned, the context criticizes the traditional method to treat burden of proof as production of proof by demonstrating the dual meanings of burden of proof in foreign laws. Then, combined the historical tradition with the existing situation in China, this article accepts the view of independent burden of proof concept, subject it to the burden of proof in the resulting meaning. On the basis of introducing various doctrines on the essence of burden of proof, this article agrees with the theory that the party responsible for burden of proof risks the danger of losing the suit.The value orientation implied in the distribution of burden of proof has an important guiding role in applying this legal system correctly. This article proves five value requirements of the distribution of burden of proof: substantive justice, equal litigation status, litigation efficiency, achieving the aim of substantive law and making the decision near to the truth in general. Every value should be given full consideration, however, when the values conflict one another, the dominant value of the substantive justice should be highlighted.The distribution of the burden of proof should be the strongest theoretical, the highest practical...