On The Road Traffic Accident Damage Compensation Lawsuit Proof Responsibility

The famous German scholar Rosen Beck put the" burden of proof" referred to as" thebackbone of the civil litigation", from its theory has been until now, all civil lawsuit theory andthe judicial practice is worth to discuss the key and difficulty problem. Whether in theory, or inthe judicial practice, the burden of proof is a complex system. The judgment plays asubstantial role in the decision, also on the rights and obligations of the parties to produce thedecision function. Therefore, in a state of civil legislation, the burden of proof to be configured,will affect the judge, the parties, lawyers and other legal practitioners patterns of behavior, tothe civil legal act plays a guiding role. Especially in modern times, the road traffic accidentdamage compensation lawsuit proof responsibility principle and burden of proof is the specificallocation of contention of a hundred schools of thought.In this paper, in order to" road traffic safety law"," the general principles of the civil law"and" rules of evidence" and other relevant legislation as the basis, research from thecontinental law system and Anglo-American law system concerning the road traffic accidentdamage compensation lawsuit proof responsibility principle and burden of proof distributiontheory and legislation, combined with China’s road traffic accident damage suit is actual,analysed our country on the issue of legal provisions and the existence question, and aimed atthe existing legal problems the author puts forward suggestions of improvement, with its toChina in dealing with the road traffic accident damage compensation lawsuit proofresponsibility in judicial practice to provide theoretical support.This paper is divided into four parts of the road traffic accident damage compensationlawsuit proof responsibility problems are discussed in this paper, first of all, is the road trafficaccident damage compensation lawsuit proof responsibility overview, briefly describes whatthe road traffic accident damage compensation lawsuit proof responsibility, on the burden ofproof and the significance of the type of road traffic accident damage compensation cases isthe research object of this thesis; secondly, is the road traffic accident damage compensationlawsuit proof responsibility theory and reference, mainly introduced the two law on the roadtraffic accident damage compensation lawsuit proof responsibility legislation theory andlegislation, and the two major legal systems of the legislation are discussed and comparison,then to our country on the road traffic accident damage compensation lawsuit proof responsibility in the " burden of proof" is analyzed; once again, is our country road trafficaccident damage compensation lawsuit proof responsibility distribution, in this part, the authorto China’s current laws as the foundation, summarized our country road traffic accidentdamage compensation lawsuit of imputation principle, in the different rules under the guidanceof the principle of burden of proof Discussion on the practice of our country, then theexistence of a large number of cases, effects of judgment of the traffic accident thatresponsibility to carry on the analysis; finally, it is our country road traffic accident damagecompensation lawsuit proof responsibility, primarily in the current legal framework, the roadtraffic accident damage compensation lawsuit proof responsibility specific configuration asimple construction, and effectively solves the problem of theory.