The Research On Rescue The Family Of Critically Ill Patients The Right Of Consent

Evidence places a critical role in trial. The civil procedure aims to settle controversies. In the course of it, parties bear the burden of proof, and have the chance to realize lawsuit goal only when their evidence is admissible. The ability to present evidence is the different states between parties, based on various factors, of the ability to carry the burden of proof. There are differences in the ability to present evidence of parties, which lead to the different judgments in practice. Both subjective and objective factors affect the ability to present evidence of parties. The burden of proof, on the one hand, is set by law; while judges also can exercise their discretion correctly and suitably to determine the parties’ burden of proof based on the real situation. In the process of practical legislation and judicature, there are some unreasonable rules in the burden of proof distribution, the ability to present evidence of parties differs significantly as well, all of which influence the substantive fairness of the judgment. Therefore, to solve the problem of unreasonable distribution of the burden of proof, court should take feasible and convenient measures for parities, improve parties’ability to present evidence. During the civil procedure, with their discretion, judges should distribute the parties’burden of proof reasonably, pay attention to protect the interest of the weak party, mitigate the effects of differences in the parties’ability to present evidence on the judgment, and guarantee the realization of fairness in a case...