On The Contract Of Civil Burden Of Proof

In the distribution of the burden of proof theory, in addition to legal provisionsand judicial discretion in distribution, consensual between the parties on both sidescan be allocated the burden of proof contract, that the contract of the burden of proof.Also many civil law countries and regions on the burden of proof in depth study of thecontract, and gradually recognize its legitimacy. China’s mainland is rarely devotedits research, mostly conceptual introduction, the practice is also rarely t be recognizedas valid. In this paper, analysis and comparison method, based on the burden of thecontract related to basic theoretical issues to sort out and analysis, in order to clarifythe controversy onus contract, while on the country specific analysis on issues relatedto the introduction of the burden of proof contract, provide a reference for theImprovement of civil allocation of the burden of proof.In this paper, the body of three thousand words, is divided into four parts:Part Ⅰ: The outline of the contract of burden of proof. Germany, Japan, Taiwan,scholars on the concept of burden of proof contract comprehensive analysis andevaluation, by comparing the related concepts such as litigation contract, evidence ofthe contract, the burden of proof to explore the connotation and extension of contract.The burden of proof contract may have the broadest sense, broad, narrow, mostnarrowly defined four levels. The burden of proof belongs contract lawsuit contract,the contract may be used as evidence of a type of generalized sense.Part Ⅱ: The nature of the contract of burden of proof. Taking into account thecommon burden of proof contract and contract litigation, the evidence in terms of thecontract, the nature of the proceedings for academic learning contract doctrine, theevidence discussed in contract, mainly around private behavior that litigationbehavior that compromise, said to be launched. Through legal action lawsuits againstprivate behavior and conduct analysis of the difference, thereby defining the burdenof proof under contract in the nature of the criteria.Part Ⅲ: The legality of the contract of burden of proof.From a comparativepoint of view, the first inductive analysis of other civil law countries and regions, theburden of proof doctrine dispute the legality of the contract, and then to thelegislative inspect other countries, but also from a historical perspective, analysis ofthe burden of proof the legality of a contract with the concept of civil litigation systemrelationship, and thus to analyze the legality of the contract limits the burden of proof issue.Part Ⅳ: The build of the contract of burden of proof in China. First, recognizethe positive significance of the contract of the burden of proof, and then from thereality, study of the theoretical and practical basis for the introduction of the burdenof proof contract, finally, analysis of the specific construction of the problem in ourcountry from elements and effectiveness.