Reflection On Allocation Of Burden Of Proof In Civil Proceedings

Prove that the system of responsibility is the core of the Civil Evidence, and the allocation of burden of proof is the central core. In fact, burden of proof is a controversial issue, especially for the concept, distribution principles. Burden of proof allocation is relating to the whole civil procedure law. And it directly related to the right of parties. So the burden of proof allocation must be clear. Of course, common law system and civil law system have different basics about the burden of proof, and our country is similar to civil law system, so this article try to build our burden of proof on the basic of the correction of civil norm theory. The civil produce law was revised in 2013, which didn’t involve burden of proof and continue to the 2007. But the new judicial interpretation about the civil produce law contain the correction of civil norm theory, it also improve the development of proof burden in our country. This article is divided into four parts:The first part, introduce the basic current situation of the burden of proof in our civil produce law, and the disadvantages. The rule in the current civil produce law including principle and exception, and the disadvantages about current lawsThe second part analyses the foreign rules about burden of proof, getting its advantages through the burden of proof in the common law system and civil law system. It can improve the development it in our country.The third part is based on the second part, it puts forward to the opinions about the burden of proof, the specific opinions is direct to the front questions, the principle, convert rules and the discretion rules.