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Discussion On The Allocation System Of Civil Burden Of Proof

Posted on:2015-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ChenFull Text:PDF
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The Allocation System of Civil Burden of Proof is one of the core systems in civil litigation process,which aims at solving the problem of how judge should make decision when che case is non liquet.Throughout the various theories’ history continuation of allocation system of proof burden at home and abroad,the system has been highly valued by both theorists and practitioners.However,China has been long-term adherence to authority dominant litigation model,and influenced by traditional trail philosophy,the allocation system of proof burden wasn’t given due attention theoretically and practically.With the trail reform,the party dominant proof system is emphasized more,but due to lack of theory preparation as well as the imperfect legislation,how the burden of proof allocated between the parties in judicial practice is still not clear.The paper reviewing the related literature and interpreting specific practical cases,analyzes the current situation and problems of the domestic allocation of civil burden of proof,and tries to conclude the proof burden and judgment principle on the condition of non-liquet case through the discussion on the domestic proof system and trial practice.
Keywords/Search Tags:Burden of proof, Non liquet case, Principle of judgment, Risk of losing lawsuit
PDF Full Text Request
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