Research On The Issue Of Burden Of Proof In Judicial Compensation

In our country,the final and binding outcome of litigation or class action is the principle of state compensation liability.Therefore,to decide whether there should be state compensation liability or not lies in the proof of both liability and the distribution of it.“ The proof of responsibility distribution is the backbone of the civil action”,said by Rosenberg,is sufficient to illustrate the role that proof of responsibility distribution played in litigation.Civil Procedure Law,Criminal Procedure Law and Administrative Litigation Law of our country all clearly defined the burden of proof that both parties have and the relevant rules of using it properly.Unlike other litigation,in Judicial compensation,the party to be sued is the state judicial organ and has the judicial power of the country.How to reasonably distribute the burden of proof in an actual trial not only related to whether substantial justice of laws can be realized,but also to whether the litigation process is effective or not.The burden of proof in the judicial compensation problem research is of great significance,not only can supervise and urge the claimant and the organ for compensatory obligations to cautious attitude to participate in litigation,taking the initiative to collect evidence to prove his claim,more conducive to concentrate on the use of the people's court claims and the organ for compensatory obligations to provide evidence of the case facts,accurately apply the law.The author through comparative analysis,case analysis and other methods,and comparing the burden of proof,think the current judicial compensation of burden of proof in our country,should be the implementation of the rules of "preliminary proof",the special rules of distribution of evidential burden of expanding the range of,the property damage to the burden of proof in criminal judicial compensation of clear,the burden of proof shift situation in a timely manner to distinguish the four aspects to perfect.