Introduce The Obligation Of Civil Litigants To Clarify The Facts Of The Case Into Our Country

The country set civil procedures to avoid people using private remedy to settledisputes. In order to maximize their own interests, any party should be trying topresent evidence to prove his claim, but not have the obligation to put out evidencesfor the interests of the other party. However, along with the diversification of civildisputes, the facts of the case become more and more complicated. One of the partiesdetermines the key evidence which plays a decisive role in the facts of the case, andlead the other party is unable to prove their claims, This situation often happens. Inthe above situation, if the judge still accordance with the principle of "who advocates,who proof" and requires the parties to bear the burden of proof, it’s undoubtedlyunfair for the parties that unable to provide evidence is not because of their ownreasonis.on this account, scholars of civil law put forward the theory about the obligationof civil litigants to clarify the facts of the case. In order to Let the party which notbear the burden of proof to identify the facts of the case and help the other party toascertain the facts, finally achieve the maintenance for procedure justice. Althoughour country’s litigation has lots of differences with the litigation of civil law countries,in the common objective, it is partial in modern litigation that evidences are much onthe hands of one of the parties. In order to solve those above problems, the authorthinks that our country needs to Introduce the obligation of civil litigants to clarify the facts of the case.This paper is divided into four chapters:The first chapter is an overview of the oretical research situation about differentcountries and regions. This chapter is also divided into three sections. The first sectionintroduces the concept of the obligation of civil litigants to clarify the facts of the case,and discusses the legitimacy of the obligations. The second section and the thirdsection mainly discuss the different types of the obligation, and And summarize thedifferent viewpoints of scholars.The second chapter is the reflection on the status quo of our litigation system.This chapter is divided into two sections. The first section introduces some judicialpractices, and puts forward the corresponding problems. The second section analyzesthe existing problems of the legal system of our country and the cause of theseproblems.The third chapter is the analysis of the necessity and feasibility to introduce theobligation of civil litigants to clarify the facts of the case into our country. Thischapter is divided into two sections. This chapter focuses on the legal status of ourcountry, Hope to be able to find the necessity and feasibility of introducing theobligation from the theory and practice of our country.The fourth chapter is the basis of the above three parts, put forward specificproposals about how to introduce the obligation of civil litigants to clarify the facts ofthe case into our country. This chapter is also divided into two sections. The firstsection mainly according to the situation of our country, put forward specificproposals about how to system construction of the obligation in our country. Thesecond section reviews the relationship between the obligations and our existing legalsystem, in order to prevent the conflict of the application of law.