The Theory Of The Parties Obligations To Explain The Case Facts

To protect the stability of law, the distributing rule of the burden has proof principle.There are differences in the ability of practice, the parties have leading to inequality proofability, especially in some special cases.How to realize the equality between real weapon hasbecome a challenge. In order to solve this problem, most of the traditional civil law countriesand regions try to explore new train of thought, discusses the obligation of the parties toexplain the case facts living space. Judicial practice in our country have different approach tothe problem and in theory is lack of corresponding system consummation. This article appliesthe method of comparative analysis and theory with practice demonstrates the obligation ofthe parties to explain the case facts related issues.On the basis of combining the reality of ourcountry with other country’s experience,try to construct related rules for the obligation of theparties to explain the case facts.The body of this article about30000words is divided into four parts:Part One:The basic theory of the obligation of the parties to explain the case facts. Theobligation to explain the case facts means the party liable to prove the case fact afterdeterministic claims, the other is to clarify the facts with its advantage and disadvantage bythe statement obligations, and to clarify the facts and evidence related information or bearduty of inspection. Mainly from the set point, purpose, implementation ways, the function andcharacteristics to discuss. Groped with certificates, certificate of specific obligations, theburden of proof conversion, the necessity to prove, on the basis of analysis and comparison, toclarify their respective applicable conditions. The obligation to explain the case facts arises atthe historic moment coordinated with litigation structure. Its positioning for litigationobligations, and said to the obligation to make the necessary correction.Only in exceptionalcircumstances, based on the principle of honesty, fairness and justice, impose the obligationof the parties to the case facts explain.Part Two:The interpret legitimacy basis for the obligation of the parties to explain thecase facts.From the aspect of teleology, the essence theory and the principle to discuss thepoint.In order to achieve the public mission of litigation, find the real case, guaranteesubstantial equality of arms, carry out the principle of good faith, the party should burden theduty if necessary. Part Three:The content of the obligation of the parties to explain the case facts. Mainlyfrom the aspects of applicable conditions, implementation way, legal effect.Exceptions needto meet certain requirements that is liable to prove one party objectively in prove difficult, notsubjective offence; To interpret objects and claims to have relevance and rationality; Not theburden of proof of one party have expected possibility to interpret the facts.To fulfill itsobligation the parties should interpret statements, bear a certain degree of "detect obligation";Only in a reasonable expectations when done, keeping specific evidence of obligation;Paternity test, only when necessary, appropriate and expected possibility, party has theobligation to bear an inquest. In violation of the obligation, the judge should use discretion inaccordance with the different performance of the sanctions imposed a different way, and tomake a choice in the legal effect.Part Four:The concrete building of the obligation of the parties to explain in our country.Lack of evidence collection methods of the existing system, I state the necessity ofestablishing the obligations to explain the case facts. The judge discretion of flexible graspand interpretation right provide the feasibility of implementation to explain the case facts. Theblank and imperfect on the legislation have led different ways of dealing with similar cases injudicial practice.So it is urgent to perfecting the rules of the obligation to explain the casefacts. To establish the rules from the law explanation theory, and combining with our countrylaw system, applicable principles, applicable conditions, implementation method and thechoice of legal effect, on the basis of fully safeguard the rights and interests of the partiesprogram construct specific rules.