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The Civil Burden of Proof System

Author: ZhaoJianGang
Tutor: WangQiang
School: Shandong University
Course: Legal
Keywords: Civil action Authenticity unknown facts of the case Prove liability regime Specification says
CLC: D915.2
Type: Master's thesis
Year: 2010
Downloads: 169
Quote: 0
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Abstract


The emergence of civil liability regimes proved, from human limitations and the limitations of human beings on their own this increasingly face! Due to the time of the shuttle one-way, has happened before, not after complete reproduction; another due to human cognitive limitations, only afterwards can not fully reproduce the things that when things happen, human knowledge can not be exhaustive picture of things. This limitation and non-reproducible performance in a civil action, it often leads to the fact that for some, after the civil judges, we can neither prove that there can not prove it is not, namely the fact that caught the authenticity unknown. Especially for non-witness of the fact that the judge, the situation is even more common. However, as the patron saint of social justice, the final court, which declared itself can not give up the ruling, the dispute again thrown back to the community and individuals. Faced with this situation the courts dilemma, and ultimately led to the birth of the civil liability regime proved. As in civil proceedings, the facts of this situation appears unclear authenticity is so frequent, and the facts in the case as a normative judge the authenticity of the case is unknown how the system default judgment, the burden of proof in litigation system in the true facts of the case Pseudo unknown, it has become a case about the only decisive factor in victory or defeat. Therefore, regardless of the theoretical research or judicial practice, the civil liability system of proof are so important that it caused it once the judges, academics and lawyers have a lot of attention and become a civil research \. In this \all relevant theories of civil liability regimes always prove the existence of such defects. And it is these flaws but once again attract more investment in the minds of them, so it was said: the civil liability system study proved evergreen tree! Nineteenth century German masters Rosenberg procedural law \various current theories of civil liability regimes proved the most dazzling Dipper, but history is still far from the end! especially for China's civil liability system researchers proved that we could just stand on the civil liability system of proof on the starting line.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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