On Two Levels Architecture Civil Burden Of Proof

From the nature of the civil litigation system of certification for Angelica procedural system, but it is right to procedural system in civil cases and solve the problem most closely related entities, which are legally entitled to civil subjects(or civil body) maintenance civil action for achieving justice in the trial of great importance. Most of the main Civil legal action, and even the subject of the trial, at a certain level can be said to prove the system is based on civil litigation to run, so that the system can be seen standing in a civil action lies. The Civil Liability System proved significance as the core of Civil certification system, the set can be said that the only significance is that the guidance from the judge finds that the parties dispute the facts stand in the substantive law applicable to the facts of cases, and then apply for civil legal entity, draw conclusions referee reach settling disputes purposes.Civil liability regime proved for a wide range of strong guidance, have a sound civil burden of proof theory behind it is very necessary as a support. From ancient Rome to date, the common law, civil law, and even the history of ever existed or other legal systems still exist for Civil liability theory was never proved explore interruption or termination before, Civil burden of proof theory in history river access to innovative and constantly expanding. And our jurisprudence to explore Civil burden of proof theory, despite a late start, but in other countries continue to absorb the outstanding research in this area, based on their own efforts to explore together, China burden of proof in civil theoretically has made significant achievements.It can be said, at present in the two legal systems should belong to the civil law of the country and even the Civil burden of proof for the theory of view is considered Civil Tong said the burden of proof is constituted by two classes. Among them, the first class is to say from a behavioral point of view, referring to the party liable for his allegations were collected, put the burden of proof; second class is to say from the results point of view, referring to the Civil end of the debate, after exhaustive proof means parties dispute the fact that in terms of what facts exist, the referee who can not be determined, and then render a decision in order to be able to successfully fulfilling its mission bears, but finds that the facts in dispute that fact does not exist, this, the fact that this party advocates need not bear the idea of the fact that the entity identified as the trier of the facts applicable legal cases legal consequences. The article is also recognized Civil burden of proof shall be constituted by two classes, but the two sectors should be, is in two different situations, the parties to bear on the results of the angle of the fact that their claims are not recognized as a judge substantive law applicable to the facts of the case the adverse legal consequences.The first case and in this case shall be borne by the party which claims not to be identified as the fact that the substantive law applicable to the facts of the case the adverse legal consequences, the paper according to the characteristics of the situation is that the fact that the presence of the parties advocated the possibility of difference, and The fact that the burden of proof in civil burden of proof called balance; the second case and borne by the party which advocates the facts in this case are not produced substantive law applicable to the case identified as the fact that the adverse legal consequences, the paper according to the characteristics of the case that the judge can not determine what the parties stand for the fact that in fact exists proposition, which advocated truth does not exist, and then to ensure that in this case the interests of both parties should or should exist between the parties social and ethical order by the referee or the extent of the possibility of damage to a minimum and to advocate the fact that the entity is not recognized as legal cases adverse legal consequences applicable facts are allocated, and the burden of proof in civil proceedings the burden of proof called prudent. The difference between the burden of proof and the burden of proof cautious constitute a civil burden of proof architecture of two levels, both of which are indispensable.Civil Burden of Proof and two Class Structure and Civil party advocates as the connection standard of proof the fact that(disputed facts) substantive law applicable to the facts of the case of the bridge, on both the inside, the burden of proof in civil proceedings in the first two sectors of infrastructure sectors- the difference between the burden of proof and standard of proof in a civil action the first layer- corresponding to the difference between the standard of proof; civil litigation burden of proof two classes of second class architecture- care burden of proof standard of proof in civil proceedings of the second layer- corresponds to the standard of proof cautious. We can say that both the burden of proof in civil proceedings in the first two sectors of infrastructure sectors and the standard of proof in a civil action the first layer, or civil proceedings to prove the standard of proof in civil proceedings a second responsibility II class architecture of the second layer layer, all from the perspective of both positive and negative judge advocate from the fact that the parties identified in the substantive law applicable to the facts of cases plays a guiding role, but one is the fact that the party advocates the existence of a fact recognized by the guidance of judge, one is By guiding judge finds the facts of a party advocating the fact that there is no role to play, but their essence is the same.This paper is divided into three chapters, each chapter roughly as follows:The first chapter, Civil burden of proof architecture. In this chapter, first of all, show a civil burden of proof architecture of meaning, namely Civil architecture refers to the burden of proof to prove civil action within the letter of responsibility, the core is proof Civil responsibility for the content that should be included; secondly, for civil, far from the ancient common law civil burden of proof architecture theories were studied and analyzed. Two legal burden of proof for the theory of Civil architecture is constantly in development, in innovation, but for now, Tong said the two legal point of view is considered proof of liability Civil architecture should be two classes, class A for behavioral sense, the result of two classes sense; finally, show a civil burden of proof architecture of this article is also identified two strata, but the two sectors of the burden of proof in civil action should be the result of perspective a.Chapter II, Civil Liability Second class connotation proof architecture. In this chapter, first of all, show a civil burden of proof in the second class architecture starting point and were attributed to the fact that the party advocates, the substantive law applicable to the facts of cases, and this is closely related to the civil legal entity relationship, and so were the subject of civil litigation detailed analysis, that the burden of proof in civil proceedings specifically addressed below connotation to lay the foundation; Secondly, the Civil prove responsibility for the content architecture include the difference between the two levels of proof to prove responsibility and caution. Then the burden of proof on the balance of caution to prove the existence of areas of responsibility(there is only the fact that the parties stand for in the disputed areas of the fact that, when the parties stand for the fact that non-controversial facts, then there is no proof, said Civil Liability), setting principles(mainly in order to respect the interests of the parties the freedom to choose, in order to justify the pursuit of social and ethical order), property(in fact when the parties stand for the general proposition facts Civil burden of proof obligations attributable to two class system category; in fact the parties stand especially when the facts of the proposition, Civil burden of proof belongs to the responsibility of two class system category) and its influence on the parties to prove the activities(given the fact that the parties bear their claims not to be identified as the case law applicable to the facts of the possibility of physical pressure, thus contributing to parties actively evidence, cross-examination), and so carried out a detailed analysis.Chapter III, Civil prove the relationship between architecture and Civil Liability Second Class Standard of Proof. In this chapter, Firstly, the standard of proof in civil litigation connotation and internal structure, including the difference between the standard of proof and standard of proof cautious; Secondly, the burden of proof in two sectors of Civil Architecture and Civil proof standard inverse relation of correspondence, that is the difference between the burden of proof in civil litigation and civil litigation difference between the standard of proof, the burden of proof and Civil Civil prudent caution standard of proof is from the perspective of both positive and negative guidance judge advocate from the fact that the parties identified in the substantive law applicable to the facts of the case.