Civil Lawsuit In The Allocation Of The Burden Of Proof Of Discretion Of The Judge Analysis In China

That judges discretion in the allocation of responsibilities is an important issue in the civil litigation practice, and the Burden of Proof research is the core of the burden of proof theory,this theory also has a high practical value, therefore, this issuediscuss the important theoretical and practical significance. Proceed from a real case,combined with the existing legislation on the burden of proof allocation rules to define the concept of the discretion of the judge, the judge exercised the discretion of the conditions,contact the case in China prove that the allocation of responsibilities exercise of the judge reasonable regulatory discretion how the system described,and the judge in the exercise of discretion thinking path.The full text is divided into three parts:The first part of the case Introduction On this basis,,the cases reviewed. Existing laws to this rule reflects the general principle of the burden of proof that "who advocate whom the burden of proof," the ancient law,but case law has special provisions may also be the burden of proof, when these two French are unable to determine the allocation of the burden of proof when the judge for the exercise of discretion is inevitable, to the case,for example, leads to the judge how to exercise discretion in cases,and thus to define the concept of the discretion of the judge.The second part,a key issue involved in this case is to prove that the rational allocation of responsibility between the parties, the administration of justice should start the statute to find a basis for authoritative, so this paper, explained from the three parts of a general civil litigation the burden of proof allocation rules to prove the basis of the general rules in the allocation of responsibilities, and that the rules of judicial discretion in the allocation of responsibilities. However, when the cases are in the authenticity of the unknown,the judge is required by the China v. evidence of the provisions of the provisions of section7of the referee, the referee should follow the author for the judges in accordance with entry conditions,the principles and considerations for further analysis.The third part,combined with the facts of this case to talk about reasonable regulation of the discretion of the judge in the civil litigation system.