Study On The Distribution Of Civil Burden Of Proof Of The Responsibility Of Motor Vehicle Traffic Accident

In civil procedure, the main fact of case can not always be proved to be true or not. To solve this problem, the civil burden of proof comes into being. Since implementing reform and opening up, motor vehicle became more and more popular in life, but more and more motor vehicle tort liability followed. And the motor vehicle traffic accident happen suddenly, and the fact of case rely on the paper of determining the responsibility in a road traffic accident and the expert opinion, so the fact may not be proved because of the technical factors and other factors. Under these circumstances, we need use distribution of civil burden of proof to confirm who shoulder the risk of losing a lawsuit. But in our country, the distribution of civil burden rely on judicial interpretation, and the doctrine of liability fixation haven’t cooperated with the distribution of civil burden of proof, so the theme of this paper is distribution of civil burden of poof of the responsibility of motor vehicle traffic accident.Firstly I analyze the problem of dealing with the responsibility of motor vehicle traffic accident by a typical case. And according to analyzing civil burden of proof and responsibility of motor vehicle traffic accident, combined with the relevant legislation to discuss the distribution of civil burden of poof of the responsibility of motor vehicle traffic accident. At last, I discuss how to design the system, specify the relationship between principle of liability and distribution of civil burden of proof. We should use Die Normentheorie to help to build the principle of distribution of civil burden of proof, and revise the law of principle of liability of motor vehicle traffic accident to adapt to the distribution of civil burden of proof.