The Procedural Rules Of Civil Litigation The Burden Of Proof

As we know, evidence theory is one of the central subjects to which the civil procedure law scholars have devoted. There are too many books about evidence and rule of evidence theory, and it brings prosperity to the research of the procedure law. However, few of the books have divided the rule of evidence and further researched them. As two types of rule of evidence, substantive rule and procedural rule are always considered as the same subject for theory research without separation. This phenomenon is also pervasive in our country's current legislation on civil evidence. With the consideration of the above conditions, I will try to make a preliminary research about this issue, and the importance will be put on the research about the procedural rule while producing evidence.In addition to the preface and conclusion, this article is composed of two parts, which is more than 30,000 words totally.The first part is Dual viewpoint of the rule of civil evidence:substantive rule and procedural rule. In this part,the author first look back on the history of our country's legislation on civil evidence, and then evaluate the regulation of the civil evidence, put forward the viewpoint that we should divided the rule of civil evidence,ie, substantive rule and procedural rule. This part also investigates their concepts,connotations and co-relations,and further points out the significance of the distinction.The second part researches the procedural rule while producing evidence. The article points out that the process of producing evidence is composed of the process of collecting evidence and the process of giving evidence,and then investigates the procedural rule of the two processes. In the former, the article divides the evidence collecting into three types:evidence collecting of parties,lawyers and judges, following that the article makes theory analysis of each type. In the latter, the article mainly researches the time limits of evidence producing system, evidence exposing and exchange system. In this part,the author suggests that we should adjust and perfect our country's time limits of evidence producing system and evidence exchange system.