Burden Of Proof In Transfer Studies

The burden of proof on the transfer of the misconceptions about our country is wrong at present one of the major reasons for the occurrence. This article refers to the transfer of the burden of proof means that in the course of the proceedings, the burden of proof on the party as a result of their burden of proof, so that the judge proof that they have reached the appropriate standard of proof, or because the subject matter of the law, leading to the burden of proof Completed or removed in order to deal with evidence of the fact that the burden of proof transferred to the other party to bear a burden of proof system. The article on the "transfer" is defined as the plaintiff in the initial claim by a judge after the establishment of consultation with the opposition for the formation of an advocate. The plaintiffs claim is a prerequisite for effective start-up is the goal of litigation, it is impossible to change, or is non-transferable, but the other side of the transfer of the burden of proof of their claim. As a result, the article said only transfer the burden of proof to prove the responsibility of subjective and objective burden of proof is no transfer.In this paper, the problem to be solved first is proof of this proposition shift the burden of proof exists; The second is to recognize the transfer of the burden of proof of the inherent law, a clear shift the burden of proof on the characteristics of the impact of litigation; Third, look at ways to shift the burden of proof of the inherent Rule of law in the form of fixed, the burden of proof to the transfer of functions and give full play to ensure a fair, just find out the truth, settle the dispute.The full text is divided into six parts. The first part is to shift the burden of proof is reviewed, analyzed and the transfer of the burden of proof related to the concept of burden of proof reveals the relevant system of the impact of the transfer of the burden of proof; the second part of the burden of proof is whether the shift is negative point of view of comparative analysis, the argument The burden of proof with transferability. The third part is to study the transfer of the burden of proof of the inherent law, the burden of proof that the transfer of the substance of the allocation of the burden of proof is the dynamic process. The fourth part of the law envisaged by the burden of proof in the form of transfer of fixed laws, that is, the design process. Part V is more of the burden of proof procedures for the transfer of design in our criminal, civil, and administrative proceedings in the characteristics of the application. The sixth part of the burden of proof in connection with the transfer rules and procedures in the design of the three major characteristics of the application proceedings, in order to shift the burden of proof to improve our legislation to provide some ideas and suggestions.