Distinction Between Specific Burden Of Proof And Abstract Burden Of Proof In Civil Procedure

The rapid development of contemporary Chinese economy is accompanied by the increasing number of civil disputes.In this context,as the core issue in the field of evidence proof in the field of civil procedure law,the burden of proof has been paid more and more attention by more and more scholars.It is true that under the research and reference of the scholars of our country,the civil procedure law of our country also has the very detailed embodiment to the theory of burden of proof.However,in recent years,with the disagreements on the theoretical meaning of the burden of proof and the fact that the judge is anxious to confirm the facts of the case,the double meaning of the burden of proof itself has been confused in recent years.So that the theory of burden of proof can not be well completed in the legal provisions.The whole explanation,also can not play in the practice trial to play the role to guide the case to testify the fact to prove the process.Under such circumstances,some scholars put forward the idea of dividing the burden of proof into specific burden of proof and abstract burden of proof.So that the theory of burden of proof plays a full role in the process of proof in litigation trial.The specific burden of proof and abstract burden of proof jointly regulate the activities of proof and the outcome of the trial of the case.In order to maximize the value of the burden of proof,improve the justice of the case trial and social satisfaction.The author believes that the distinction of the burden of proof is more consistent with the development of the current legal society in our country.And solve the problems existing in the process of practical trial proof.However,the distinction between burden of proof and abstract burden of proof should be fully grasped.This paper is divided into four chapters in the structure.The first chapter mainly introduces the background of the development of the contemporary responsibility of proof and the present situation of Germany and Japan on the responsibility of proof in the continental law system.Secondly,this paper introduces the research results of the burden of proof,the research methods and innovations of this paper.The second chapter introduces the understanding of the burden of proof at the beginning of the ancient Roman era and the premise debateprinciple of the application of the burden of proof.Its The concepts of concrete burden of proof and abstract burden of proof are given.Finally,the necessity of dividing the burden of proof into specific burden of proof and abstract burden of proof is introduced.The third chapter mainly introduces the understanding of burden of proof in the theory and practice of contemporary Chinese civil procedure law.And has carried on the detailed explanation and the personal opinion to it.The fourth chapter mainly explains the criterion of dividing the burden of proof into the specific burden of proof and the abstract burden of proof.By applying the two in their respective fields of application,logical structure,applicable objects,and their respective functions,Begin to apply and release in the process of litigation,and regulate the object To divide the criteria of distinction.