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The Burden Of Proof And The Burden Of Proof

Posted on:2013-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:X N HuFull Text:PDF
GTID:2246330374456848Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The main purpose of this paper is to redefine the concept of theburden of proof and the burden of producing evidence. Then we tocompare the relationship and the allocation between the burden of proofand the burden of producing evidence.This paper is divided into three chapters on the structure. The maincontent of the first chapter is to redefine the concept of burden of proofand the burden of producing evidence. We briefly introduce somedefinition of the burden of proof and the burden of producing evidence inthe Civil Law. In addition to, we briefly introduce the concept of theburden of proof and the burden of producing evidence in the CommonLaw. Then we comment these academic points and to redefine the conceptof the burden of proof and the burden of producing evidence.We discourse the relation between the burden of proof and the burdenof producing evidence in the second chapter. We can accuratelyunderstand the meaning of the two concepts and the other theories whenthe boundaries between the two concepts be described clearly. The relationbetween the burden of proof and the burden of producing evidence is thedistinction. The distinction between the two concepts include thefollowing aspects, the object, the stage of the proceeding, the function, thelogical structure, the occurrence and lifting and so on.We comparatively analyze the allocation of the burden of proof andthe burden producing evidence. We make the comparative analysis in the“invert” and “conversion”. The conclude is that the burden of proof andabstract burden of producing evidence could not be invert and conversed.And the concrete burden of producing evidence could be conversed butnot be inverted. The common point that the burden of proof could beinverted is a mistake. In my opinion, the reason is that we have a wrongunderstanding in the object of the burden of proof.
Keywords/Search Tags:the burden of proof, the burden of producing evidence
PDF Full Text Request
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