Duty To Clarify Factual Issues In Civil Litigation

Fairness and justice are the eternal values of law and the ultimate goal of all countries' civil procedural law.The civil procedure will prevent the private remedy and solve the dispute between the two parties,which should try to be equal and fair for the two parties.Most civil cases,however,the burden of proof allocation in accordance with the rules,the negative one of the parties often due to objective burden of proof is not attributable to its own reason and cause of proof cannot,to judge their bear the adverse consequences of litigation,which is obviously contrary to justice.There are two different ways to solve this problem in Anglo-American law system and continental law system respectively.The solution of the Anglo-American law system is:the compulsory defense obligation,the perjury mechanism of the obligation and the granting of investigation and forensics(mainly the evidence disclosure system).The solution of the civil law system is to break the proof of responsibility system(or the principle of debate)to give the court the right to investigate and obtain evidence.With the rapid change of society,the solution of the continental law system path showing cannot meet the modal trial(of course,the discovery of Anglo-American law system have also been criticism).Therefore,for reliefing the burden of proof on the way and the ability of a party to collect evidence of disadvantage,the scholars of civil law countries try to put forward "shall not be liable to interpret the onus of proof about a party case" theory,and then which have to be applied in legal.The duty of clarifying the case refers to the obligation of the parties to explain and explain the facts of the case under certain circumstances.It applies to promote the proof responsibility together by a party to find out the enthusiasm of case,collect evidence materia more complete and full,improve the efficiency of litigation,enhance the judgement of fairness and impartiality.This paper shall not be liable to interpret the onus of proof about a party case as foothold.Firstly,the connotation of the obligation,and sum up the obligation of the applicable subject to the parties,the obligation is the "instructions",interpret scope includes the disadvantage and advantage of the case facts,etc.,in case things for interpret behavior of "responsibility" and "duty","duty" nature of the parties to interpret behavior and the nature of the procedure rules for certain;Secondly,this paper introduces the burden of proof system as the basic system of the civil procedure law which has its inner contradiction,it formed the tense relationship between other lawsuit system in their application,thus it is concluded that the burden of proof of subprime rationality,and demonstrates the two kinds of solution are put forward based on the ideas.The one is to give the court not feasibility of collecting evidence,the two it is that the case the feasibility of the obligation to interpret.In the reference about the obligation of the two law systems based on the mature experience,from the"exception" or "generalization" mode selection,bear the burden of proof the parties need to come up with object interpret their claims fairly reasonable basis,objective cannot state in the proof,proof cannot have not attributable sex,not easy to interpret the case facts and the burden of proof parties can expect sex condition,such as the proposition,providing relevant information to the case of obligations,clerical proposed obligations such as scope of application,The evidence level,the fact level and the legal consequence of the procedural level are faced with the concrete construction of the four aspects of China's civil litigation.