On The Obligation Of The Parties Who Are Not Responsible For Proof

Based on the general principle of traditional adversarial doctrine and distribution of burden of proof,in order to pursue the beneficial legal effect,the litigant needs to prove his or her claim actively,so that the judge can form his or her inner conviction.Where the facts to be proved are unclear,the party concerned with the burden of proof shall bear the responsibilities for losing the lawsuit or any unfavorable consequences.Thus,both parties need only use their best efforts to defend themselves,even if one party is caught without proof for reasons not attributable to itself,the other party's duty to present proof should not be imposed.However,with the development of times,modern lawsuits occur more and more frequently,especially in the cases of environmental tort,product liability and medical disputes,etc.,the evidence usually lies under the control of one party.Victims usually face difficulties in adducing evidence due to their inability to fully grasp evidentiary materials or methods,and their rights originally provided in substantive laws cannot be realized in the lawsuits,so they finally bear the risk of losing the lawsuits.In this context,the concept of the obligation of case clarification came into being.Burden of proof In evidence-biased cases,when the party responsible for producing evidence has difficulty in producing evidence for any objective reasons not attributable to itself,the party not responsible for producing evidence shall be imputed an obligation to state the facts,make a statement and bear an inquest,seeking equality of arms between the parties.2.Such theory gives full play to the active role of the party irresponsible for the burden of proof in the litigation,and enriches litigation functions such as evidence investigation,prevention of abuse of the burden of proof,balance of the litigation status of the parties and facilitation of true discovery,etc.Although the obligation of case clarification has not been introduced into China's current law,but its evidence against the problem in China's civil judicial practice as well.In order to solve this problem,the Supreme Court has issued judicial interpretations and frequently used strategiessuch as inversion of burden of proof,legal presumption,lower standard of proof,and obstruction of proof.If the duty to explain a case is likened to a cube,then the above systems in our country are scattered and irregular planes one by one.Every article seems to be a projection of the meaning of the obligation of case interpretation,but no matter how it is pieced together,it can't include all the extensions of the obligation of case interpretation,and can't bring into play the effectiveness of the system.In view of this,it is necessary for our country to introduce the obligation of the litigant who does not bear the burden of proof in order to relieve the emptiness of the investigation of civil litigation evidence.In addition to the introduction,the text is divided into four chapters.The first chapter is an overview of the main party not responsible for the burden of proof to explain the obligation of the concept,legal basis and functions.Chapter 2 Focus on reviewing the relevant systems of our country concerning the obligation of the parties concerned without the burden of proof to provide explanations about cases,and analyze the difficulties in legislation and practice of our country's relevant systems concerning the obligation of the parties concerned to provide explanations about cases and the causes thereof.Revealed that our country was overstretched in dealing with partial evidence due to the lack of a systematic system of the obligation to provide explanations of events,providing a basis for the introduction of the obligation to provide explanations of events by the parties concerned without the burden of proof.Chapter 3 The purpose of such retrospective study is to sum up and summarize the effective experience of the parties concerned without the burden of proof in terms of their obligations to provide explanation of a case in foreign countries and regions by inspecting and analyzing the overseas systems thereof,so as to give some enlightenment on our country's construction of the obligations of the parties concerned without the burden of proof to provide explanation of a case.Chapter 4Propose the specific choice of our country to introduce the obligation of the parties concerned without the burden of proof to give explanations of facts in combination with our own legal system and social background,and explore the constitutive elements,applicable objects,applicable limits,sanctions consequences and therelevant supporting systems on the basis of the requirements of established basic concepts.