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Civil Evidential Burden Distribution System Research

Author: LiuHuiMin
Tutor: LiWeiDong
School: Inner Mongolia University
Course: Legal
Keywords: Civil action The burden of proof Allocation Acts of responsibility Results of responsibility
CLC: D925.13
Type: Master's thesis
Year: 2008
Downloads: 265
Quote: 0
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Abstract


The People's Court civil cases have to do two things: First , the facts of the case ; applicable law . Including the determination of facts is the prerequisite and basis of the applicable laws , the center of the entire civil action . Factual determinations by proving activities to achieve . Proof of the case to solve the problem , we must first find out who bears the obligation to use the evidence to prove the facts of the case the subject of litigation , that the allocation of the burden of proof must be clear . Visible , the allocation problem of the burden of proof and the burden of proof in civil proceedings occupy a very important position . Since the ancient Roman law era , scholars on the meaning of the burden of proof and distribution of a wide variety of theories , the formation of a different understanding . This article based on the importance of the burden of proof in the civil litigation system , the concept of burden of proof , the different periods abroad, the burden of proof allocation theory since the Roman law , as well as our burden of proof allocation basic questions were reformulated, combined theoretical circles through said , analysis of the current status quo about the burden of proof of the distribution system , the problems and put forward concrete ideas to improve the system . This paper describes the burden of proof allocation theory outlined in the first part . By the principles of the Roman law the burden of proof allocation , as well as the burden of proof allocation of modern and contemporary development of doctrine , the legal elements of classification the basis of the theory of distribution of the burden of proof . The second part of the three to elaborate on the current situation and problems of our civil burden of proof allocation that needs further development and improvement of our civil legislation and judicial work on the issue of burden of proof allocation . The third part in the widely studied foreign legislative experience on the burden of proof allocation rules based on concrete ideas to improve our civil burden of proof . In this paper, the meaning and theory of distribution of the burden of proof in a series of elaborate , evidence of ongoing civil legislation to be helpful .

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