On The Burden Of Proof

The main value of the burden of proof institution is to distribute the proof burden. If the concept of burden of proof and related questions are not clear, it is difficult to achieve a reasonable distribution. Nowly, most scholar only explain burden of proof as the burden of proof-providing, not the duty of convincement. In other words, many scholars can not accurately understand the essential meaning of the burden of proof, and confuse its double meaning--"burden to provide evidence" and "burden to convincement". In this article, author explain the formation and development of the concept of burden of proof through introducing and comparing the main theories both in two legal system, and analyze the essential meaning and the distribution of burden of proof.The article is divided into four parts. In the first part, the author analyzes the theoretical and practical significance of the burden of proof theory. Then the author introduces the origin and the investigation status. Lastly, bone of contention of the theory is summed up.The second part is about the concept of the burden of proof. After introduced the double meaning theory of the burden of proof in the two legal system and the two different opinions about it in our country, the author discusses the essential matter of the burden of proof, including the nature, characteristic, condition to apply, etc. the author stresses the essence of the burden of proof is that the parties will bear bad litigation consequences if the demanded factor is not proved.In the third part is about the development and status in quo of the theory of burden of proof. It can be found that the different distribution standard to the burden of proof can do well to each other, so the tide is more integration.The fourth part is about the idea of the author. The author not only claims we should re-explain "proof burden on plaintiff" and take...