On The Civil Litigation The Burden Of Proof

Evidence to prove civil liability system, the core of which is the allocation of responsibility to prove their core prove that the allocation of responsibilities across entities civil law and civil procedure law two fields directly related to the realization of the rights of the parties entities, and civil activities throughout the entire process. And Burden of Proof is a very controversial issue in the civil countries, the burden of proof on the concept, content and distribution of such issues has long been a subject of dispute. Based on the theory and practice, through civil law, common law and our comparative study of the responsibility to prove the basic meaning of the basic contents and distribution of three issues, attempting to explain the significance of the results prove that the responsibility is the responsibility to prove the nature and the significance of the Burden of Proof is the meaning of responsibility to prove the surface things. This paper proves the nature of the responsibilities, targets and conditions apply in respect of the three basic elements of the responsibility to prove that the Burden of Proof is in the nature of unknown authenticity of the legal risks of statutory allocation to prove that the target is the responsibility of the elements of facts to prove that the application is responsible for the authenticity of unknown elements fact, demonstrated a high degree of probability should be our civil standard of proof; This paper introduces the theory of the proof of liability based on the analysis of the relevant provisions of our existing laws and the lack of exploration of China's civil liability prove to the general principles and prove our civil liability system, from the legislative, judicial and theoretical research perspective, the completion of the distribution of some of our civil proven concept, discussed the distribution of the Burden of Proof in judicial practice. Proof enrich and improve it in a certain theoretical aspects of positive significance to have a guiding role in judicial practice, in particular for the distribution of trial practice proved responsibility and liability for the use of judgment prove helpful to a certain extent...