The Burden of Proof of Statutory on Typical Civil Cases
Hong Chen
Abstract
Hong Chen
Abstract
The burden of proof is the theory of evidence as well as the central issue of legal theory,to which numerous leaks in law-making and controversies arise in legislative circle.In the typical case in practice,different application of different rules of the burden proof of the same evidence in the court makes a different decision,resulting in many criticisms.In this paper,in order to regulate the judge's discretion,we try to put forward some of the burden of proof allocation rules and exceptions to rules for four typical cases for the legal analysis.
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The burden of proof is the theory of evidence as well as the central issue of legal theory,to which numerous leaks in law-making and controversies arise in legislative circle.In the typical case in practice,different application of different rules of the burden proof of the same evidence in the court makes a different decision,resulting in many criticisms.In this paper,in order to regulate the judge's discretion,we try to put forward some of the burden of proof allocation rules and exceptions to rules for four typical cases for the legal analysis.
Key concepts: Burden of proof, Legislature, Discretion, Statutory law, Law and economics, Order (exchange), Law, Civil procedure