Research On The Clarification Obligations Of Parties In Civil Litigation

The litigant's obligation to clarify the case refers to the obligation to give the party who is not responsible for proving the facts of the case,the obligation to submit evidence,and the obligation to endure inspection,appraisal and inspection in certain litigation cases.In this way,litigants who do not bear the burden of proof will actively participate in the litigation,balance the differences of inequality between the parties,and achieve substantial equality to a certain extent.The civil law countries represented by Germany and Japan have stipulated the parties' obligation to clarify the cases in the law,and the common law countries have stipulated similar systems in the legislation.At present,China has not clearly stipulated the obligation to explain cases,and the relevant legal system has yet to be improved.On the basis of theoretical research and dialectical analysis,the article analyzes the limitations of China's existing related systems,and finds that the parties who bear the burden of proof under the litigation model in China are difficult to obtain effective relief in cases of uneven distribution of evidence.China should learn from Germany,Japan and other countries' litigation cases to clarify the theory and legal provisions of litigants' cases,from the choice of types,the applicable objects,the legal consequences of violating this obligation,and the construction of related auxiliary systems to improve our litigant's cases' clarification obligations.