Reach On The Assertion Of Fact Of The Civil Parties

In modern civil lawsuit,in order to achieve a certain effect of private rights, the parties can put forward the rights and obligations of the claim in private,which may cause problems related to the assertion of facts.The judicial autonomy reflect the disposition and debate doctrine which are the basic principles of civil procedure.Under these two principles,as a lawsuit behavior,the litigation claim is an ongoing litigation activity,in which the parties want to achieve their entity rights and interests. The litigation claims include the assertion of rights and facts.The assertion of facts as the basis of claims, it directly decides the entity rights and interests can be recognised by the judge, the outcome can be consistent with their own interests.On the plaintiff,it is mainly right base facts and the core is the fact of constitutive requirements.In terms of the accused,it is mainly contradictory facts,with which the defendant prove that the plaintiff’s claims are not established.The parties must follow certain rules when puting forward the assertion of facts,which makes relationship between the assertion of rights and facts be logical.The elements of the facts that the party advocate are the basis of claiming rights of the parties and the existence of the elements of the facts is proved by evidence.Because the traditional interpretation of the object of proof has some disadvantages,determining the assertion of fact as the proof object is reasonable,which is directly related to the operation of the burden of proof and the standard of proof. During the proceedings,determine the object of proof firstly,then assign the burden of proof.The distribution of burden of proof is based on the content of assertion of facts,and the party bearing the burden of proof, whose authenticity of presentation of main assertion of facts is unknown must bear the risk of non-interest.The standard of proof is a standard that the judge inner reach to believe the case by analyzing the assertion of facts and the evidences of the parties.As the goal and the function of judge is evaluating the assertion of facts of the parties,the assertion of facts of the parties is a more basic question.So the main body of the litigation claims of this paper will be limited to the parties.The party filing a civil lawsuit is to solve the disputes over the rights and obligations,and the litigation claims containing the assertion of rights and facts is in the service of the purpose. So this paper mainly discuss the assertion of facts that is the basis of the assertion of rights.