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Proof Impairment

Author: DengLi
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Prove prejudice Clarify the obligations Intentional and gross negligence Burden of Proof
CLC: D915.13
Type: Master's thesis
Year: 2006
Downloads: 159
Quote: 3
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Abstract


The parties in the litigation practice with this problem , assumes the burden of proof to take damage , destroy evidence , refusing to submit evidence , and not with the negative burden of proof Litigating prejudice to the parties to bear the burden of proof to present evidence . In some cases , the nuisance caused by the evidence prejudice can not propose such parties v. indisputable fact that can not be substantiated . According to the principle of the distribution of the burden of proof , the party bears the burden of proof must bear the consequences of losing . The responsibility of the parties have maliciously nuisance caused due to the other party pays prove , If you still want the negative to prove the responsibility of the parties to bear the unsuccessful results , not only difficult to obtain a fair judgment , but also difficult to accept and convinced the victim ' as well as the public , affect the authority of the law . Worse, the the appeasement party assumes the burden of proof will take proactive malicious acts that hamper the various evidence disrupt judicial order . From the legislative point of view of our country , the Civil Procedure Law is not shown prejudice to the provisions of the system , and several of the Civil Procedure Law of protection of the parties collect , survey evidence of specific systems there are many defects , which makes the parties prove nuisance it difficult to protect their own rights . In order to better protect the rights of the parties to the litigation , the interests of justice, I study from the reality proved to prejudice the issue . The author's focus is on a wide variety of examples of proof of prejudice . Common of these problems through case analysis countermeasures to solve these problems . Secondly , from a theoretical analysis , the author of the national laws introduced . Germany on behalf of the civil law countries prove prejudice to the system has been deeper and more complete from the system or related system support . Based on national laws , I build with Chinese characteristics , according to China's actual proof of prejudice to the system , the creation of the system of justice protection litigation rights of the parties

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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