The Burden Of Proof Allocation Contract Research

The first chapter briefly introduced the proof theory brought forward by Luosenbeike, and made clear that the general rule of the allocation of the burden of proof is that each party who wants to request the court to applicate laws in the judgment which are favorable to him, must take proof responsibility of the legal specifications of the elements facts; then analysed the consistency between Luosenbeike’s theory and the distribution rule of proof responsibility of our law espeacially of contract law.In the end of the first chapter pointed out that we can applicate the proof distribution theory of Luosenbeike in the cases of contract or take Luosenbeike’s theory as guidance. The second chapter analyzed the specific rules of the allocation of the burden of proof in the establishment,effect, guarantee,performance, exterminate and limitation of legal proceedings of the contractual relations. The third chapter analyzed the burden of proof responsibility in controversial typical contract cases in practice, with reference of Luosenbeike’s distribution theory. And this chapter tried to explain the applicability of Luosenbeike’s distribution theory to cases of contract. Based on the theory of objective burden of proof,it may cause the shortage of substantial justice in cases, and it is closely connected with the evaluation of proof, but we can balance this through the transfer of subjective proof responsibility distribution due to in some cases may bring injustice results. The last chapter summarized the preceding chapters were discussed, and further pointed out the application rules of the burden of proof in the contract proceedings.