Analysis Of Burden Of Proof Case Rights Disputes With Certificate Of Deposit

Civil burden of proof is the core in civil law and civil proceedings, allocation ofburden of proof is the core of the core. For a long time the jurists and scholars on thisissue diligently strive after, although still not a perfect theory and the theory of burdenof proof distribution, but the burden of proof by its function, is of great significance inthe trial practice."The burden of proof lies, the lost of the saying" reflects itsimportance. According to the relevant provisions of the Civil Procedure Law of ourcountry, the burden of proof in our country law is divided into two layers of meaningof burden of proof behavior sense, namely who claim who must provide evidence tosupport its claim to prove the proof responsibility, the sense of burden of proof,namely in the facts of the case is still unclear when the bad state one of the partiesbear the consequences of losing. Therefore, the parties must bear the burden of prooffor himself in the proceedings, and the burden of proof in the authenticity of the factsunknown adverse party needs to undertake the consequences of losing. Accordingly,the facts of the case is one important link, the judge in the trial practice, using theexperience rule and logic judgment, on the evidence analysis, evaluation, finallyconvinced. When the heart that rises to a certain degree, make judgment of case fact.If due to insufficient evidence to the judge believes all is not the facts of the case, thefacts of the case is still unclear state, then the burden of proof standard can help tojudge clearly judge where the party lost.In this paper, through the analysis of the case of rights disputes with certificatesof deposit, the existence in this case processing in the two courts, and analyzes thecase because of the lack of evidence in the case fact is unclear status, the burden ofproof should apply the relevant norms of their solution. In the application of rules ofburden of proof in the case, analyzes the distribution of burden of proof, and ultimately the formation of the conclusion of the case, hope to be able to solve forsuch cases provide beneficial thinking.This paper is divided into four parts, the first part mainly introduces the relatedcase and the court ruling, and puts forward the focus of the dispute, the dispute. Thesecond part of the two level courts in fact analysis, objection and the formation of thefacts of the case part, confirming the facts of this case is still unclear state. The thirdpart of the case in accordance with the applicable rules of burden of proof and theburden of proof of the conditions, the case analysis. The fourth part is the authorthrough the above analysis to form the final conclusion for the focus of controversy inthis case and the related questions.