Civil Action The Burden Of Proof Allocation

The Court's duty is solving the bother between the parties.Normally the Court must confirm the fact firstly that based on the proofs when they make a judgement. The final judgement should be made no other than the definite facts and suitlaw.It's definite that the fact that the party claimed occurred or not by investigating the evidence,there are not forming a required evidence,and it is not the situation that the Court can not judge the case.But,if the Court and the both parties have no evidence for a case,the situation would occur that the fact is truth or false.Under this condition the Court cann't refuse to judge a lawsuit because the fact is not clear.So,if the Court cann't make a judgement to a case,the conflicts between parties cann't be solved,the goal of law system would not be reached. Only two results of a judgement,either the accuser lose the lawsuit,or the accused do.Well,who should afford the burden of proof ?who should suffer losing lawsuit?It is the legal question that how to distribute the burden of proof.Commonly, the fact cann'tbe cleared after the party carry out the burden of prove , cause to the resulting burden of proof . So,what the fact is not clear is the necessary factor for a mentioned case.There are two questions need to clarify for a unclearing fact:(l)that the fact is truth or not according to the judge's subjection decision,only if the judge think the both party's evidence cann't make him confirm in his mind.(2)there are two main reasons caused to unclear facts ,one is the party cann't...