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On the Conversion of the Burden of Proof in Civil Litigation

Author: ShangLei
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil action The burden of proof The distribution of the burden of proof The burden of proof is inverted Legislative proposals
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 77
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Abstract


The burden of proof upside down is an important evidence of Civil Procedure Rules , plays a unique role in the protection of our civil justice , efficiency and maintaining social stability . Our theoretical study on the burden of proof inverted Two Schools National is still quite weak , and rules specifically applicable burden of proof in judicial practice there are some problems . So , the onus of proof is inverted intensive research and distribution system of the burden of proof in the legislative and theoretical perfection has a positive effect . In this paper, using a comparative approach , comparison of the civil law and common law definition of the meaning of the burden of proof ; compare civil law , common law and the doctrine of the burden of proof allocation ; burden of proof upside down with the burden of proof The transfer of responsibility , the burden of proof is exempt comparison . Followed by the use of the method of analysis of the existing legal and judicial interpretation of provisions on the burden of proof , find out the inadequacies , and make recommendations . Finally Historical Survey , the article on ancient Roman principle on allocation of the burden of proof and the 19th-century Germany and Japan on allocation of the burden of proof of the theory , as well as the meaning of the burden of proof in our country experienced the process of historical development from shallow to deep were analyzed. Content , including the doctrine of the meaning of its allocation of the burden of proof , the burden of proof inverted definition of the concept and its comparison with the related concepts , and based on the conditions of our country , to meet the needs of the current civil litigation reform , the system has demonstrated to the civil law legal elements Segment feasibility and obstacles of the theoretical basis for the allocation of the burden of proof in China advocated the burden of proof from the two levels of the legislative and judicial inverted integrate into this system . Because of the theoretical weaknesses and defects on the legislative , the judiciary inverted rules specifically applicable burden of proof on the existence of a certain degree of confusion . This article is based on China 's legislative and judicial practice , this more systematic collation and analysis , and some preliminary ideas on the rules in the legislative and judicial perfect .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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