Burden Of Proof In Transfer Studies

The transfer of burden of proof is unnoticeable in the trial in court for two reasons:the first is the missing of law's specification; the second is the long time ignorance of the importance of procedure law. But it is not rare to see an unjust judgment caused by a flaw of procedure. There is a flaw in the present procedure of the transfer of burden of proof for it is hardly be stipulated by law. With the misunderstanding of the client, the consistency of transfer in the reality is largely unstable. This might let the judgment unjust and give the bigger chance to manipulate the court session.There are three mission of this paper:1, to prove the existence of the transfer of burden; 2, to discover the regular pattern of the transfer and its influence; 3, to standardize the transfer and give legislation advice to make sure it runs positively.To complete those mission the basic theory and it regular pattern must be studied fist. In the first and second part of this paper the burden of proof and the burden of persuasion and other similar definitions will be compared to prove the existence of the transfer of burden of proof. Basic on this, after the analysis of the argue point and assertion and other elements this paper will present the motive and regular pattern of the transfer. In the third part the procedure run in civil cases will be designed, it has two parts:pre-hearing procedure and main procedure. The fourth part will present the specialty of the transfer in the criminal cases and base on this give the special procedure of it. Last, with the reality of our country, some advice of transfer of burden of proof will be present.