2007Journal of Nanjing Normal UniversityRequires access

The Practical Interaction and Institutional Coordination between Burden of Proof,Standard of Proof and Evaluation of Proof

Duan Hou-sheng

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Abstract

There are interaction and mutual restraint between the three institutions in evidence law,namely,burden of proof,standard of proof and evaluation of proof.The manipulation of one of the three institutions can influence the effect of the other two.The basic ideas to harmonize and optimize the relations among the three in terms of institutions are spread in two aspects—one is to make the design of institutions closer to the practice in China and the other is to make the practical manipulation more conformed to the purpose of institutions.

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There are interaction and mutual restraint between the three institutions in evidence law,namely,burden of proof,standard of proof and evaluation of proof.The manipulation of one of the three institutions can influence the effect of the other two.The basic ideas to harmonize and optimize the relations among the three in terms of institutions are spread in two aspects—one is to make the design of institutions closer to the practice in China and the other is to make the practical manipulation more conformed to the purpose of institutions.

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Available abstract

There are interaction and mutual restraint between the three institutions in evidence law,namely,burden of proof,standard of proof and evaluation of proof.The manipulation of one of the three institutions can influence the effect of the other two.The basic ideas to harmonize and optimize the relations among the three in terms of institutions are spread in two aspects—one is to make the design of institutions closer to the practice in China and the other is to make the practical manipulation more conformed to the purpose of institutions.

Key concepts: Burden of proof, Proof of concept, Direct proof, Computer science, Structural proof theory, Proof theory, Mathematical proof, Mathematics

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