Relations Of Research Civil Estimation And Proof Of Responsibility

The civil estimation system and the certificate responsibility theory may say that is in thecivil action legal science and the civil evidence legal science key point and the difficulty. TheUK-US legal system and the mainland legal system have entrusted with the two very highfundamental research value and the practice application value. And relations of the civilestimation and the proof responsibility are the most core also dispute most topics. Althoughrelations of research the civil estimation and the proof responsibility is in the civil evidencelegal science and the civil action legal science looked that resembles the extremely slightsmall question, but in academic has thoroughly a spot relations of research to the civilestimation and the proof responsibility to peep overall picture’s research value theoretically,also has the broad application prospect in the judicial practice. Therefore this article thoughtthat has the necessity conducts the special study relations to the civil estimation and the proofresponsibility, to launch the thorough analysis discussion.This article altogether includes the introduction, the main text and the conclusion threeparts. And, the main text divides into three parts:Part I: Civil estimation, proof responsibility outline. This part is for the purpose ofthrough to the Chinese and foreign legal science experts after the civil estimation, the proofresponsibility gives each kind of definition which as well as the classification carries oncombs the civil estimation which and the proof responsibility concept connotation and theextension to this article must elaborate carries on the limits. In the UK-US legal system, lastestimated that equates in the law which cannot be refuted estimated that convinces theestimation and the evidence estimation gathers in the same place equates in the law whichbeing possible to refute estimated that the temporary estimated equates in the fact estimationwhich may refute; The mainland legal system dichotomy divides the civil estimation for thelaw estimates and the judicature estimated that the law estimated divides into the law in thefact estimation and the legal right estimation. This article talks about the proof responsibilityconcept including provides the evidence in the UK-US legal system country to bear and toconvince the burden twofold meaning; In mainland legal system country including subjectiveproof responsibility and objective proof responsibility twofold meaning.Part II: Relations of research civil estimation and proof responsibility. This part will be for the purpose of through in the UK-US legal system and the mainland legal system civilestimation launches the elaboration to return to original state separately the respective legalscience theory and the legislative original condition, will pick the comparison test and thetypological research technique with the aid of the civil estimation’s essence and the civilestimation’s potency two dimensions analyzes the two relations thoroughly, like this mayclearer carefully examine our country legal science theory and the legislative present situation,will be helpful in goes out the erroneous zone. In the UK-US legal system, cannot be refutedthe law estimated that in fact includes the estimation terminology substantive law rule; Mayrefute the law estimates and relations of the proof responsibility may divide into twosituations; May refute the fact estimates and relations of the proof responsibility should alsodivide into two situations. In the mainland legal system, the fact estimated the essence limitsto occur, in the lawsuit is may rest on by the umpire personnels decides after deliberation thepower determination freely one kind of rule, but this rule can have the subjective proofresponsibility shift effect at least, under the special situation may also cause the objectiveproof responsibility the transformation. In the legal fact estimation’s essence is the speciallegal proof responsibility translation rule, outside its can have the civil action is the objectiveproof responsibility transformation. In the legal right estimated the essence limits for thespecial substantive law standard.Part III: Our country civil estimation system’s present situation and consummates theconception. This part is for the purpose of defining clearly relations of the civil estimation andin the proof responsibility foundation, legislates, the judicial present situation from ourcountry to embark, picks the UK-US legal system and the mainland legal system researchresults abundantly, proposed that some consummate the conception, explores the way as wellas the feasibility rule which take the time as the related civil domain’s legislation provides forthe judicial practice may supply to refer and to use for reference. Estimates speaking of theconsummation law, mainly formulates and the consummation law estimation actual content,picks the concise quality to stipulate and enumerates the type to stipulate unifies legislativestyle. Estimates speaking of the consummation judicature, including:(1) clears about thelimits judicature estimation connotation. Sets up the guiding principle suitably to it, thestandard its operation sequence.(2) establishes the judicial estimation the bulletin caseinstruction system. May consider that will involve the special circumstance the judicature toestimate and relations of the proof responsibility civil case gives the clarification, coming into the open by the Supreme People’s Court through the specific bulletin case.(3) cancels themisjudged law case to investigate the system. Carries on the reform to judge’s disciplinarypunishment mechanism, from pays great attention the penalty to change to judge enhancesjudge the quality, from pays great attention to change to the entity result attention pays greatattention to judge the behavior monitoring, urges judge the autonomy mechanism theformation.(4) establishes the judicial estimation disclosure system. May carries on thesurveillance for the litigant and the society to the court to provide the foundation, urges theumpire personnels when exercises the judicial authority to be more discrete, may also increasethe litigant and the society is suitable the judicature to the umpire personnels to estimate thereferee civil case fact the sympathy.(5)when is suitable relations of the judicial estimation andthe proof responsibility relief. Litigant when accepts to the umpire personnels the empiricalrule which carries on the fact which recognizes has the question, Our country Second trialCourt must defer to the fact to recognize that wrong processes is more reasonable.