Study Of The Lightening Of The Burden Of Civil Proof

The lightening of the burden of civil proof is a kind of proof technique used to lighten the party’s duty to prove.Its application is relatively special.When it is hard to distinguish whether the facts of civil cases are true or false and the party who bears the burden of proof in litigation is almost impossible to adduce evidence,the court will utilize the technique of proof to determine the facts with insufficient proof that need to be proved as much as true.At present,the distribution of the burden of proof takes the traditional principle that “the burden of proof shall be borne by the claimant” in civil litigation of our country.In the special tort actions,the inversion of the burden of proof is applied.However,this kind of distribution of burden of proof is hard to solve the problem that majority evidence is owed by one party existing in modern litigations.Therefore,it is necessary to start from the party’s subjective burden of proof and the methods of collecting evidence and to improve the party’s obligation to explain and illustrate the case,to promote the establishment of apparent proof,to utilize the system of obstruction of proof in practice,to increase the party’s methods to collect evidence,and to enrich the means of distributing the burden of proof in civil litigation of our country.The study of the lightening of the burden of civil proof is helpful to deal with the problem that majority evidence is owned by one party existing in modern litigations,to effectively relieve the difficulties of the party to produce evidence,to improve the rigidity of the traditional mechanism of distributing burden of proof,to guarantee the procedural rights of the party,to realize procedural justice and maintain judicial justice.