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Multiple Functions Of Civil Burden Of Proof System

Posted on:2022-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhaoFull Text:PDF
GTID:2506306539989049Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As the"backbone of civil litigation",the burden of proof is not merely to exhaust all the methods of proof After the free testimony of the judge,the facts of the case still belong to the burden of the risk of losing the lawsuit when the truth is unclear and the judge cannot refuse the judgment method.As Professor Hanns Pruetting said:"Although the discussion of the facts of the requirements is meaningful at the end of the proceedings,it cannot be used as an excuse to assume that the objective burden of proof is onlyvaluable at this point in time.Based on the dynamic perspective of litigation,the objective burden of proof can also play a role before litigation activities begin "In other words,making the judgment of burden of proof when the facts of the case are unclear is only one of the functions of the system of burden of proofThe burden of proof not only has the function of judgment methodology when the truth of the case is unclear,but also has the function of code of conduct to guide the action of the judge and the parties,which affects the judge's action command activity and the proof and proof activity of the parties,and provides the internal power for the process of the action.However,the burden of proof is not a panacea.The burden of proof cannot solve the difficulty of how to promote and solve the dilemma of fact discovery in the process of specific litigation proof,such as the lack of evidence caused by non-objective reasons.As for the vagueness of facts in the field of specific litigation proof,the burden of proof cannot be effectively resolved.However,the specific burden of proof theory can play the role of promoting the fact finding and the maximization of evidence information,promoting the activities of fact finding and litigation proof,and providing a relay driving force for the proceeding and discovery of case facts.In the specific judicial practice,the application of the burden of proof system,especially the distribution of the burden of proof in cases,can detect and test the defects and deficiencies of substantive law legislation.The system of burden of proof has the function of testing legislation in judicial practice and promoting legislative revision and improvement through judicature.Necessary to stand in the perspective of the civil lawsuit dynamic,from many aspects clear consensus by the academic field and practice field function,and the burden of proof in carding.consolidation settlement Ming function at the same time,the burden of proof to clarify the burden of proof system function using the process of the differences and misunderstanding,the theory of burden of proof system course position to further consolidate and deepen in academic field and practice field in our country the understanding of the function of the burden of proof system,give full play to the function of the burden of proof system in judicial practice.
Keywords/Search Tags:system of burden of proof, civil proceedings, an non liquet case, method of judging, specific burden of proof
PDF Full Text Request
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