Study On The Allocation Of The Burden Of Proof To Prove That The Principle Of Civil Litigation

Civil action principle of distribution of evidential burden of proof has a very important role in civil litigation, the burden of proof of civil proof is reasonable and fair distribution system, works is not only with the vital interests of the parties, but also affects the social effect of civil litigation activities. As to accelerate the process of the construction of the country under the rule of law in our country, the reform of civil litigation system in China is growing, the legislation also more and more emphasis on civil action principle of distribution of evidential burden of proof and some attention and research. Especially the 91th in the law of civil procedure, is the first time on the laws and judicial interpretations in China to a clear provisions of the principle of distribution of evidential burden of proof, and by using the concept of the evidential burden of proof for the first time, to perfect our country of evidential proof responsibility distribution system has very important significance. This article first from the civil principle of distribution of evidential burden of proof of the formation, development, connotation and significance of these a few respects to confirm the proof burden of proof of two meanings:behavior and results. Responsibility is the essence of the evidential burden of proof the results, the distribution of evidential burden of proof is the key of evidential burden of proof; Secondly, from the principle of distribution of evidential burden of proof in the legislation in our country to explore the change of the realistic meaning and the principle of the development in judicial practice in our country; Finally, on the basis of the 91th in the law of civil procedureto understand the principle of distribution of evidential burden of proof, the burden of proof principle of producing the evidence to cite specific case how to apply in practice, and discusses in the applicable problem can judges shall enjoy the right of discretion.