Nanjing "peng Yu Case" Case Analysis

It is the general choice of judges while facing nonliquet in courts to apply the burden of proof. The application of assumption of fact in pursuing the facts is the initiative effort made by judges so that they may evade the application of burden of proof in adjudication. The requirements for the application of the presumption of fact lie in their application boundary. After the application of the presumption of fact, the burden of proof will not shift, but the burden to provide evidence will.