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The Three Level Rules Of Burden Of Producing Evidence Distribution In Contract Disputes

Posted on:2014-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
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The distribution of burden of proof decides who is in the process of the lawsuit proof and risk-taking in fact apocryphal, its significance in the whole civil litigation is quite important, in many cases even can directly about litigation results But overall, the related theory of distribution of evidential burden in our country are still some deficiencies, which directly lead to in the practice of the parties and the judge is difficult to grasp the specific distribution of burden of proof. This paper will study on ules of burden of producing evidence distribution in contract disputes.At present, the contract dispute the rules of distribution of evidential burden in general can be divided into three levels, the first level is the principle regulation, the second level is the concrete provisions of laws and judicial interpretations, the third level is at the discretion of the people’s court. Three level rules each has its advantages and defects, constitute the burden of proof in China’s current contract dispute framework, this paper mainly discusses the characteristics of a hierarchical rules themselves as well as the specific cases, the burden of proof allocation rules shall apply.Article structure mainly includes seven parts, the first part is introduction, which of some thinking about problems resulted from a specific case; The second part is the three level rules of burden of producing evidence distribution in contract disputes,Introduced in the current our country contract dispute related rules of distribution of evidential burden; The third part is the reflection to the principled regulations; The fourth part is the introduction of the burden of proof rules in a specific case, The fifth part is the discretion of the people’s court of distribution of evidential burden of thinking; The sixth part is the comparison of foreign legal experience further reflection in the three levels of rules; The seventh part is the conclusion, and puts forward some Suggestions and thinking.
Keywords/Search Tags:contract dispute, The burden of proof, Distribution of burden ofproof discretion, Three level rules
PDF Full Text Request
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