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The Burden Of Proof Applicable Conditions Of Study

Posted on:2008-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
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According to the modern burden of proof theory, judges should base their sentence on burden of proof when the truth is hard to find. Burden of proof is judges' auxiliary device, which is actually a kind of risk distribution when it is hard to find the truth. Chinese experts haven't explored the application conditions of modern burden of proof comprehensively and thoroughly from the juridical perspective. The thesis attempts to probe its application conditions.Firstly, a probe into the dual implications of burden of proof and the expurgation of its intrinsic meaning and result meaning is burden of proof in applied conditions of burden of proof .We should make a definition of applied conditions of burden of proof .The thesis makes a research into the internal structure of applied conditions of burden of proof so as to clearly show the triple contents of its internal structure. In addition, the thesis makes a probe into its regulating mechanism. It points out clearly that applied conditions of burden of proof must ensure the correct application and cautious application of burden of proof.The thesis carries out a comparative inspection of two law systems of burden of proof. The first is to conduct a detailed analysis of the respective applied conditions of burden of proof in two law systems: in civil law system, the application condition is freedom of proof; in Anglo-American law system, the application condition is being unable to convince judges. The thesis comments on their application conditions. The modern freedom of proof principle is the two systems' basic factor because all of them try to analyze the formative system of truth obscurity from judges' objective psychological process. Due to the fact that the civil law system's inference form is law-oriented and the Anglo-American law system's is fact-oriented, the application objects of burden of proof are different and one is "law constitutes fact" and the other is "controversial fact". Furthermore, thanks to the fact that the two law systems have different limitations on modern freedom of proof, the civil law system's testifying standard is "the high degree of probability" and that of the Anglo-American is "preponderance of probability".Finally, the thesis points out that we should absorb the reasonable of modern freedom of proof which serve as the basis of applied conditions of burden of proof, we should make the civil objects of proof on the basis of learning the two law systems favorable elements .We also make the last element of applied conditions of burden of proof: standard of proof, i.e. when the proof of the truth can not reach somewhat degree, the truth belongs to truth obscurity and still applies to the sentence of burden of proof.
Keywords/Search Tags:burden of proof, objects of proof, standard of proof, freedom of poof, truth obscurity
PDF Full Text Request
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