The Study On The Distribution Of Burden Of Proof In The Litigation Of Returning Company Licenses

The dispute over the return of company license is a new case in 2011,but at present there is no specific regulation on the distribution of burden of proof in the litigation of the return of company license.Although article 91 of the interpretation of the Civil procedure Law and the relevant provisions of the provisions of evidence provide certain judicial guidance for the distribution of the burden of proof in the litigation for the return of company certificates,However,it is still difficult to reasonably deal with the burden of proof distribution in the litigation of the return of company license according to these articles.Starting from the deficiency of the distribution of the burden of proof in the existing litigation of the return of company license,this paper gives a general standard of the distribution of the burden of proof in our country.Reflection.At the same time,on the basis of the research on the system of reducing the burden of proof in civil law countries,the author puts forward some suggestions on how to further improve the distribution of the burden of proof in the litigation of the return of company license.In addition to the introduction and conclusion,the text is divided into four parts,a total of more than 40,000 words.The first part is the analysis of the present situation and reasons of the burden of proof.On the basis of defining the basic problems of company license litigation,this part makes statistics and analysis on more than 500 adjudicative documents collected from 2011 to 2017 in the database of magic treasures of Peking University.At the same time,on the basis of this,this paper expounds the deficiency of the burden of proof distribution in the litigation of company license,and puts forward the problems that this paper intends to solve,and probes into the causes of its formation.The second part reflects on the application of the general standard of burden of proof in the return of company license.This part discusses the general standard of burden of proof distribution in our country,and on the basis of this,it analyzes the distribution of burden of proof on the basis of the facts on which different litigation claims are based.Furthermore,the author puts forward the question that the general standard of burden of proof is applicable to the return of company license.On this basis,combined with the characteristics of the company license return litigation,it also summarizes the factors that should be considered inthe distribution of the burden of proof in the company license return litigation.The third part analyzes the applicability of the burden of proof mitigation method in the company license return litigation.Based on the analysis of the feasibility of applying the method of reducing the burden of proof in the distribution of the burden of proof in the litigation of the return of company license,this part combs the main theory of the method of lightening the burden of proof.Furthermore,it explains the precondition of applying the method of reducing the burden of proof in the litigation of the return of company license,thus laying a foundation for the perfection of the fourth part.The fourth part is the concrete idea of the distribution of burden of proof in the lawsuit of corporate license return.Based on the experience of the civil law countries on the method of reducing the burden of proof,this paper puts forward a concrete idea on how to distribute the burden of proof in the fact of different litigation requests of the company license return litigation in our country.In order to better solve the existing problems.