Study On The Burden Of Proof Of The Third-party Opposition Proceeding

The third-party opposition cases showed an increasing trend year by year. In the third-party opposition lawsuit, the realization mechanism of the burden of proof plays a vital role on the trial of the case. The existing rules on the realization mechanism of the third-party opposition lawsuit, there are many inadequacies, are not able to meet real needs. Therefore,the main purpose of this article is that put forward some sound recommendations about the the third-party opposition of the burden of proof in the Third-party Opposition lawsuit.The third-party opposition lawsuit has its own specificity, allowing the trial of the Third-party Opposition cases is different from General civil cases. Based on an in-depth analysis of the current situation of the burden of proof, Provide recommendations about the balance the relationship of the burden of proof with the responsibilities of Court ' s investigation and evidence collection.This article for how to mitigate third party filing the difficulty of burden of proof in stage of review and the Court has put forward its own proposals.