Research On The Type Of Civil Liability Of Proof

As the core content in the civil procedure,burden of proof does not only play a role when the free proof is exhausted,but also when facts are still in an authentic state,and it also plays an important role in every stage of the litigation process.Therefore,the position and role of burden of proof are self-evident.In the development of civil evidence theory,the burden of proof is highly theoretical and practical,which is a core issue in civil evidence theory and judicial practice;which is the core content of civil litigation activities and the field in which the legal norm expression and the civil judicial practice are the most fiercely disputed;which is a question full of debate and a difficult problem that has yet been unsolved.As the main content in the civil litigation system,according to law,the burden of proof is of great significance in protecting the legitimate rights and interests of litigants,which has vital meaning in realizing judicial fairness and improving litigation effectiveness.Becoming the general view of the theory of liability stratification of the proof in the two major legal families,in theory,there is no unified understanding on the type of civil burden of proof in China.However,and it is to be typed urgently in practice.Then,what are the existing problems on types of civil burden of proof ? How to reconstruct the type of the burden of proof reflectively? And How to evaluate it normally in practice? The paper is aiming to answer the questions above.The evolution process of the burden of proof theory has extremely important significance for study.Therefore,this research is based on the existing research as far as possible,full absorbing the research results of the previous generations,and giving an in-depth understanding on the type theory of civil burden of proof.Research on the type and finding existing problems of the two main legal families and China's types of civil burden of proof,on the basis of full absorbing the results of theoretical research from home and abroad,the type of burden of proof is reconstructed reflectively.The purpose of the paper is to reveal the significance of the type of civil burden of proof in evidence theory and judicial practice.It is emphasized that the theory of type can effectively guide the court to apply the burden of proof in civil judicial practice,using the method to understand the connotation of the burden of proof,the condition of application and the problem in the judicial practice.Finally,it provides the court with a new perspective of how to apply the rule of the burden of proof correctly and realize the judicial justice in judicial practice.