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The Differentiation And Analysis On Practical Problems And Theory Of The Burden Of Proof

Posted on:2013-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:D N TangFull Text:PDF
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This article centered on the Burden of Proof and show up the author’s attitude interms of legislation, theory and practising.In the Part One, the article firstly pointed out the unclear definition of thecannotation of the burden of proof in current legislation, the lack of a principle of theallocation of the burden of proof and the challenges from scholars on the inversion ofpresenting evidence. Secondly, it showed up the practical difficulties of application ofthe burden of proof by examples.In the Part Two, the article presented the theories of the cannotation of theburden of proof and the allocation principle of the burden of proof, and appraised thetheories. The article declared its stand of the cannotation of the burden of proof as‘dual liability’, which suffered a gradual thinking progress from ‘behavior liability’ to‘dual explanation’ to ‘more emphasis on consequential liability’. The article tried tosummarize main theories, from a new point of view, of the principle of the allocationof the burden of proof, which all kinds of teaching books, monographs introducedfrom the aspect of nations or times.In the Part Three, the article proposed a general principle of the allocation of the burden of proof aiming at the lack of legislation and the allocation principles in sometypes of infringement cases which are rarely been researched such as rei vindicatio,unjust enrichment. Meanwhile, it corresponded the examples in the Part One andproposed its resolutions for practices.
Keywords/Search Tags:the Burden of Proof, the allocation principle, practising theburden of proof
PDF Full Text Request
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