On Civil Prove That The System Improved

Burden of proof is the integration of responsibility of act and responsibility of result. The distribution of burden of proof is the core thing of burden of proof. To realize a reasonable distribution of burden of proof requires not only the efforts of judicial officers but also the maturity of legislation. This paper analyzes the case of Pengyu infringement dispute in Nanjing and the rule for distribution of burden of proof in china. The writer thinks to build a rule for distribution of burden of proof which is applicable, reasonable and suitable for china's environment, with a purpose to distribute the burden of proof reasonably between parties. Only in this way, can the value of law be realized, namely fairness and justness.This paper consists of four parts. Part one induces, in detail, about the general situation of the case of Pengyu infringement in Nanjing, the sentence of first instance and the writer's analysis on this case. Part two of this paper is about the historical development, connotation and present progress of the rule of distribution of the burden of proof in some major countries of the world, discuss the meaning and theories of the burden of proof of two law systems, and focusing on discussing the Rosenberg's Die Normentheorie in the Civil Burden of Proof, in order to find the theoretical basis for systems design of China. In Part Three, the author mainly shows the rule of the burden of proof in China as well as the problems and system defects thereof and deeply analyzes the reasons behind such situation, with a purpose to find the way and method for China to establish and realize the rule of the burden of proof through the analysis on the current situation in China. Part Four, as the core of this paper, the writer think we should take Die Normentheorie as the foundation to build the rule of the burden of proof in China, and elaborate the reason. Then gives various proposals for its establishment and improvement in China, including take justice,good faith as the general principle, induce in the concept of the bad faith litigation, keep the right of discretion of distribution of the burden of proof in a certain limit and so on.. Such systems lay a foundation to guarantee the establishment and improvement of the distribution of the burden of proof in China.