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On The Inversion Of The Civil Burden Of Proof

Posted on:2009-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q LuFull Text:PDF
GTID:2206360272455968Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The proof system of burden of proof holds an important position in the proof system. When a case cannot be proved as authentic or bogus, how the judge adjudicate the case. Judges can directly decide the result of legal case through the system of burden of quote evidence which has great affection to benefit of client, as the important part of this system ,is concerned by people in the area of theory and practice.To the allotment of the burden of proof it forms many kinds of doctrine in continental law system, such as the theory about classifying legal facts ;the theory of laws and regulations; the theory of classifying law portion .But when these methods apply to some new type of cases ,there will be unjust result .Then ,some new theories emerge in order to deal with new problems in the justice practice .The allotment of the burden of proof ,especially the inversion of the burden of proof in china hasn't consummated .This essay is composed of its conception, features , legal basis and value . When it lacks of the code of regulation and explanation, the judge should have some intent right to consider and decide.
Keywords/Search Tags:Burden of proof, Inversion of the burden of proof, Judges' free discretion
PDF Full Text Request
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