Civil Action On The Administration Of Justice, The Burden Of Proof

Testifying responsibility , being called onus probandi, is the forward position problem that Civil Procedure Law studies , is regarded as the lawsuit backbone. Testify the problem how the judge acts as a referee when that responsibility studies mainly is to think that fact is really false unclearly. When the assignment testifying responsibility is deciding to pawn unclearly law case fact is really false, being born the risk losing a lawsuit by He Fang interested party , joined the benefit affecting whose entity ultimately from this, therefore saying "location of putting to the proof, location of losing a lawsuit". Being in progress to testifying responsibility and distributing studies makes the person have operatability together, may urge a litigant participant to collect evidence consciously and to come to try law case preserving evidence, but making a judge have unified rule in being able to forecast in advance and associating with in daily civil to law case result. but in judicial adjudication practice, correct certificate responsibility understanding remains only in "production of evidence responsibility " tier surface, do not know that really to connotation and essence testifying responsibility, the pertinent law and judiciary make an explanation and not having had detailed concrete regulation to testifying responsibility and their assignment , the relevant learning viewpoint is short of operatability , in the sometimes difficult to lead to in trying middle suitable for use , sometimes may form very contradictious court decision, this is able to aggravate people to rotten Angst of judiciary. The main body of a book is made every effort to pass to home and abroad relevance certificate responsibility theory and the research that our country current laws and the judiciary explain , is is tied in wedlock and judicial adjudication practice, thereby, bring forward the certificate responsibility regulation having operatability , perfect certificate of our country responsibility system.