Study On Theory Of Legislative Fact And Allocation Rules Of Burden Of Proof

As the core content of evidence and proof system,burden of proof is an importantinstrument in interpreting and applying civil law in litigation. The key to applyingcivil law in a proper way is establish a sound allocation system of burden of proof,which is based on the theory of legislative facts.This article starts with the relationbetween burden of proof and legislative facts, by analyzing the two contents of burdenof proof, the object of burden of proof allocation is confirmed, which is the legislativefact. The second part of this article is about the basic theories of legislative fact,including the definition,legal features and theoretical functions of legislative fact,which gives a further proof of the significant impact that legislative fact has to burdenof proof. In the third part of this article, different theories about allocation of burdenof proof are introduced, considering our legislation and legal practice for now, burdenof proof is better allocated by legislative facts. The last part of the article comes to theamendment and perfection of the allocation rules of burden of proof, includeing twoparts, the amendment based on the legislative fact theory and the application ofinterest measurement in individual cases, which shall be set in principles andexceptions in law. By definiting the object of burden of proof, this article tries to findthe relation between legislative fact and burden of proof, make up for the closure ofburden of proof system with the openness of legislative fact theory, thus providing afeasible approch to perfecting the allocation system of burden of proof.