On Civil Action The Burden Of Proof And Its Distribution

The burden of proof is "the backbone of the civil litigation", and is the important methodology which is preset for the judge to adjudicate the unclear cases. The modem age burden of proof includes the production of evidence responsibility (subjective burden of proof) and the essential burden of proof (objective burden of proof) .Subjective burden of proof is determined by the objective burden of proof, and is the "the projection" of the objective burden of proof in the lawsuit. It can shift along with the litigants's production degree of evidence, and the changing situation of the judge's thought between the litigants. The burden of proof takes the essential fact as an object, when the judge firmly belives the essential fact, he can make the adjudication by his free heart;when the essential fact is unclear, that is to say, the judge's free heart adjudication exhausts, he can adjudicate the case by the burden of proof. The burden of proof can assist the judge to adjudicate the essential fact, instructs the litigants to participate in the lawsuit, enhance the judicial benefit and prove the rightness of the judgement. The assignment of the burden of proof is the core question of the burden of proof theory,it has very high theoretical and practical value. Only the assignment principle of the burden of proof is determined, the undertaker of the lost lawsuit risk can be determined in the lawsuit; only the burden of proof can be rationaly assigned, it can reasonably instruct the litigant to present evidence, promote the lawsuit to smoothly carry on. The Rosenberg's theory coincidences the stability, predictability of law, and it's practical.It can help our country to improve and promote the legislation of civil and evidential law. This paper approves the inversion of burden of proof, and analyzes the inversion of burden of proof in our present law and judicial interpretation.