2012Fazhi yu shehui fazhanRequires access

A Theoretical Reflection on Burden of Proof and Proof Standards

Zhang Jia-ji

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Abstract

It is generally understood that burden of proof means burden of production,and these two terms and interchangeable.But in essence they are different and cannot be used as synonym.Although analytical philosophy believes that the meaning of a word is dependent on the context,it is still necessary in the field of law that a term should have its exact meaning lest misunderstanding and ambiguity.Therefore,it is necessary to analyze burden of proof and relative concepts to inquire the specific meaning of it,and reflect the definition of proof standards in China.

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It is generally understood that burden of proof means burden of production,and these two terms and interchangeable.But in essence they are different and cannot be used as synonym.Although analytical philosophy believes that the meaning of a word is dependent on the context,it is still necessary in the field of law that a term should have its exact meaning lest misunderstanding and ambiguity.Therefore,it is necessary to analyze burden of proof and relative concepts to inquire the specific meaning of it,and reflect the definition of proof standards in China.

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Available abstract

It is generally understood that burden of proof means burden of production,and these two terms and interchangeable.But in essence they are different and cannot be used as synonym.Although analytical philosophy believes that the meaning of a word is dependent on the context,it is still necessary in the field of law that a term should have its exact meaning lest misunderstanding and ambiguity.Therefore,it is necessary to analyze burden of proof and relative concepts to inquire the specific meaning of it,and reflect the definition of proof standards in China.

Key concepts: Burden of proof, Meaning (existential), Ambiguity, Context (archaeology), Synonym (taxonomy), Epistemology, Field (mathematics), Term (time)

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