Research on Reducing the Burden of Proof of Legal Dasis for the Parties and System Conastruction
|School||Northwest Normal University|
|Keywords||Burden of Proof Mitigate Legal basis System Construction|
Civil law as a whole judicial system in our country an important part in today's judicial theory and practice has always played an important role. Evidence system is at the core of procedural law, the burden of proof as its top priority allocation system, once known as civil \Began in the eighties of the last century, the reform of the civil trial mode so far in the ascendant. For throughout its burden of proof always civil reform, and modern type of cases occur in succession combined together to influence our country's burden of proof system development. In the modern type of litigation mode, a series of phenomena different from the traditional mode of action: for example there is a disparity between the status of the parties, the evidence from near and far, as well as issues such as the use of evidence of varying ability, can not guarantee them equal access litigation , but can not guarantee the realization of the purpose of litigation. This selection start discussion on this issue, that is, that there is no balance in today's litigation mode, to explore ways to protect the interests of the parties in a weak position, the burden of proof to overcome the difficulties of people prove to exclude evidence interfere, thus ensuring each party in a equal attitude into litigation, litigation ultimately achieve the desired effect. This article from four aspects to reduce the burden of proof that the parties discussed issues: The first chapter, on the burden of proof system for historical review, through the course of its development and current status of the development of understanding allows us to take a closer understanding of proof liability regime in the entire history of procedural law on the status and development direction. Chapter II, to alleviate the burden of proof of the legal basis and the pursuit of value analysis. A system design, is inseparable from its profound theoretical support, the burden of proof system for the analysis of the same. This chapter from the parties to achieve equality, good faith, substantive justice and other aspects of discourse to explore the legal basis of the system; addition, the design of the system through the analysis of the pursuit of value, to further clarify the purpose of writing this article. Chapter III describes other countries to reduce the burden of proof system, mainly civil law countries, some practices, such as lowering the standard of proof, the use of tables see proof exclude prove prejudice, the burden of proof conversion. Chapter IV, combined with our national legislation and practice examples condition, compared to practices in other countries, puts forward some suggestions and measures, not only from the perspective of the other party are discussed, as well as the burden of proof from the party starting, demonstration given the right to investigate and collect evidence of its significance, so as to achieve the purpose to reduce the burden of proof. Through this paper analyzes the problem and solve the problem of writing unfold, hoping for the future of our country legislation relevant evidence to provide some useful inspiration.