Research On The Distribution Rules Of The Burden Of Proof In Civil Law

The system of civil burden of proof is the key pointof civil litigation system,whichhas attracted widespread attention of the domestic and foreign scholars and judicial practice,and the most important thing of burden of proof is the distribution rules.With the rapid development of world economy and technology,the way of communication and the legal relationship between people are becoming increasingly diversified,whether the rules of burden of proof can adapt to the needs of civil litigation is becoming more and more complex,which all social circles especially judicial practice workers pay more and more attention to.The distribution of the burden of proof has respect tothe whole process of civil litigation,and has great influence on the rights and obligations of the parties.Whether the concept or principle of distribution has had different views about the theory about the distribution of burden of civil evidence for a long time.To clearly regulate the distribution rules of burden of proof and civil procedure is very important.In recent years,in the construction of the theoretical framework of the distribution of burden of proof,scholars in our country have made some achievements.In 2015 the implementation of the "civil law" judicial interpretation,made the classification of legal requirement of the continental law system be China's basic system ofthe allocation of the burden of proof,whichmarks the formal establishment of China's system of allocating the burden of proof theory.This paper will discuss from the perspective of classification by the legal requirements,do further analysis and study of China's civil litigation distribution rules of burden of proofdepending on the provisions of the existing legal provisions,explore and improve the distribution rules of burden of proof according to the situation of our country,provide a useful reference to properly judging the cases of civil disputes which can make people feel morefairness and justice of law in each case.The first part of this paperwill start with the typical cases in judicial practice,and expounds the related theoretical concepts of the distribution of burden of proof in civil litigation.In the second part,by discussing about the theory of the distribution rules of the burden of proof from two legal system countries,to extract the positive elements and provide useful reference for our country's burden of proof in civil litigation.The third part elaborates the present situation of the distribution system of the burden of proof in our country,and analyzes its disadvantages.The last part is on the basis of the above parts,and puts forward the suggestions on the improvement of the distribution rules of the burden of proof in civil proceedings.