The Discretion Of People’s Court In The Allocation Of Evidence Presenting

The burden of proof is upon the claim for their obligation to collect or provide evidence, and using the evidence to prove that advocated the establishment of the facts of the case or for the benefit of its own claims of responsibility or assume the risk of their claims cannot be established. Distribution of burden of proof to the realization of the rights of litigants’rights and with the case entity, in cases there is often a fact so authenticity is unknown, and may incur proof obligations on both sides, where you need to the people’s Court or judge pursuant to discretion to assign the burden of proof. So whether the court can exercise the right of discretion reasonably to decide burden of proof is seriously related to the fundamental interests of parties, and also influencing the judicial justice, deserving high attention of the judicial reform. This article just aim to analyst and resolve the problem of discretion of deciding burden of proof.The first chapter analyzes the theoretical basis of exercising of discretion in distribution of burden, to explain the general concept, character and scope of discretion in burden of proof, finally arguing that the judge has the right to decide distribution of burden in specific circumstances. The second chapter concludes civil law, common law rules of proof provisions, combined with China’s current status of justice, presenting that the disadvantages of our country. The third chapter analyzes the current judicial status of discretionary exercise of distribution of evidential burden, reveals the main problems and reasons facing.The fourth chapter discusses the court discretion in the allocation of the burden of proof should be considered,provided a prerequisite for further improve the rules of evidence. On the basis of the former four chapters, the fifth chapter proposes some specific suggestions perfecting the discretion in distribution of burden, mainly according to the discretion of distribution of evidential burden in our country which is facing specific major difficulty and including various comprehensive factors, finally to put forward some feasible measures, so as to realize the gradual improve of the system of distribution of evidential burden in China.