2008•Journal of Northwest University of Political Science and LawRequires access

On Lightening the Burden of Proof in the Modern Litigation

Long Yun-hu

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Abstract

In modern litigation,as the litigant's construction is not in a materially equal condition,it is difficult for the litigant with the burden of proof to produce evidences.The methods of lightening the litigant's burden of proof include the measures to change the burden of proof within the distribution structure and within the scope of discretional evaluation of evidence.All of these series of endeavors and attempts reflect the decline of burden of proof system under the ideal of litigant procedural right protection and increase of the concept of right of proof.

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In modern litigation,as the litigant's construction is not in a materially equal condition,it is difficult for the litigant with the burden of proof to produce evidences.The methods of lightening the litigant's burden of proof include the measures to change the burden of proof within the distribution structure and within the scope of discretional evaluation of evidence.All of these series of endeavors and attempts reflect the decline of burden of proof system under the ideal of litigant procedural right protection and increase of the concept of right of proof.

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Available abstract

In modern litigation,as the litigant's construction is not in a materially equal condition,it is difficult for the litigant with the burden of proof to produce evidences.The methods of lightening the litigant's burden of proof include the measures to change the burden of proof within the distribution structure and within the scope of discretional evaluation of evidence.All of these series of endeavors and attempts reflect the decline of burden of proof system under the ideal of litigant procedural right protection and increase of the concept of right of proof.

Key concepts: Burden of proof, Scope (computer science), Law, Ideal (ethics), Law and economics, Proof of concept, Business, Political science

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