The Burden Of Proof Allocation Problem In Theory Of Tort

The sentence of "The Xu Yunhe case" came out In June16,2011by the Tianjin Hongqiao court judgement,which is attracted attention about the perpetrators and the good perpons again.The arguments mainly caused by the facts of the case.In the case of the main facts in the authenticity of unknow state, how the court made the judgment? This involves the allocation of burden of proof. In civil litigation, the court according to certain norms or standards, The fact is still unclear state to bear the adverse consequences of between both parties undertake allocation, so that both parties to bear their own some truth of unknown risks. When the base of the facts of the case is still unclear status,there must be a party to bear the adverse consequences. In short, in proceedings of the facts of the dispute is still unclear to which party shall bear the adverse consequences of the action. This is the allocation of burden of proof of the problem to be solved."The Xu Yunhe case" about distribution of burden of proof in a certain extent reflected in judicial practice of our country on the proof responsibility to understand and use the current situation. This will be the case as the basic object of analysis, based on the analysis of the decision, the burden of proof in China revealed the status quo, points out the existing problems and put forward the improvement proposal,and attempted to recommendation for improvement.This paper is divided into five parts, The first part introduces the Tianjin "Xu Yunhe case" infringement dispute profiles as well as a court trial. The second part mainly in cases involving the distribution of burden of proof, in this case the object of proof and in this case the proof responsibility question. The third part mainly expounds the burden of proof and the distribution of burden of proof of the basic concept and basic principles of the distribution of burden of proof, as well as our country related legislation. The fourth part emphatically from the case proceed with, analysis of the case in the burden of proof burden problem. The fifth part of the analysis of the distribution of burden of proof on the present situation and existence flaw, thus put forward their suggestions.The burden of proof of civil action and its distribution is the important rule in civil litigation. Not only in relation to the civil action procedure itself smoothly, but also related to the entity law on the legislative purpose of the realization,it is a very important research topic. Especially in our country, for the burden of proof of concept and connotation understanding long-term deviate from its essence. Legislation and judicial practice, the lack of careful and strict rules. So should actively learn from foreign countries on the allocation of burden of proof of academic research and legislative, judicial experience, combined with China’s actual conditions in the case of our country, improve the allocation of burden of proof about the system, put forward the improvement proposal.