Research On The Theory And Rule Of Burden Of Proof In Civil Action

In the process of the continuous progress of the civilization of human society,the civilization of the rule of law is also rising constantly.After the historical period of the ancient water fire trial and the divine trial,the litigation system has gradually become a symbol of the modern civilization of the rule of law.In the process of litigation,there are many links,such as forensics,evidence and certification,and each of these links is indispensable if you want to get a fair trial.Throughout the whole process of litigation,it will be found that evidence has the most universal and core role.In the process of litigation,the parties want to "put facts and reason",and we should take out enough evidence to attract the attention of the judges.So who will put forward the proof? This is the problem of the distribution of the burden of proof.It can be said that the distribution of the burden of proof has a great influence on the litigation process of the parties.In a sense,it is a direct factor to judge which party is losing the lawsuit.Therefore,it is of great practical significance.From a long time ago,the issue of the burden of proof distribution has been paid much attention by the law circle.In the past hundred years,the lawsuits jurists all over the world have made great efforts to work out and explore many different academic theories.This also makes the distribution of the burden of proof high academic value.Because of the distribution of the burden of proof,the distribution of the burden of proof in civil litigation is much more complicated than that in the criminal procedure.Therefore,this paper chooses the perspective of the distribution of burden of proof in civil litigation.This article will make a detailed and comprehensive analysis of the related issues of the burden of proof in civil litigation,including four chapters of the introduction and the main body.The introduction introduces the background of the author's topic,introduces the research situation of the theory of the burden of proof distribution at home and abroad,and explains the purpose of choosing the subject,the method of research and the focus and characteristic of the research.The first chapter is mainly about the burden of proof and the distribution of burden of proof,as well as the interpretation of the related concepts of burden of proof.In the part of the burden of proof,it introduces the meaning and nature of the burden of proof and the basic principles of proof;the related concepts of burden of proof compare the four groups of words: the burden of proof and the burden of proof,the subjective burden of proof and the objective burden of proof,the conversion of the burden of proof,the transfer of the burden of proof,and the burden of proof,and the responsibility for providing evidence.Finally,the concept of the allocation of burden of proof is introduced,and the relationship between the burden of proof and the distribution of the burden of proof is explained,and the relevant factors that should beconsidered in the distribution of the burden of proof are introduced.The third chapter is about the theory of distribution of burden of proof in China,as well as the existing rules and the problems that have been shown.From the two aspects of the general rules and special rules,this part takes the relevant provisions in the current civil procedure law of our country as the reference axis,and covers all the relevant provisions concerning the distribution of the burden of proof,and commented on the widely recognized behavior responsibility and result liability in our country and the existing law.What are the deficiencies of the law stipulations,which lays the groundwork for how to improve the distribution of burden of proof in China's civil procedure.The fourth chapter focuses on how to improve the distribution system of the burden of proof in civil proceedings in China,and from the macro perspective how to optimize the allocation of the burden of proof,respectively,from the three aspects of deepening the cognition of the distribution of the burden of proof,judging the factual attributes of the parties,and perfecting the balance mechanism of the interests of the litigation.Through this article,the author tries to solve the miscellaneous and confused phenomena in the field of the distribution of the burden of proof in our country,and at the same time find some reasonable methods for the allocation of burden of proof that can be used in judicial practice.