Study Of The Obligation To Explain Cases Of The Party Who Bears No Burden Of Proof

Being a portion of the theory of lightening the burden of proof,the obligation to explain cases of the party who bears no burden of proof can well balance both parties’ ability to approach and utilize evidentiary materials in the situation of the majority of evidence owned by one party.At present,the solutions to the problems caused by the situation of the majority of evidence owned by one party are insufficient in China.By learning from the experience of operating the obligation to explain cases in comparative laws and combining with the condition of legislation and the environment of litigation,the author holds that we should take the bona fide doctrine and the concept of cooperative litigation as theoretical guidance,take the party’s obligation of statement and the obligation to file documents and the obligation to examine and endure as basis,subdivide the category of the party’s statements,establish the party’s obligation to deny with reasons,provide the measures to deal with the party’s statement of no acknowledgement,widen the scope of the obligation to file documents of the party who bears no burden of proof and permit the relative regulations of filing documents to be used in examination for proving the party’s statement.In addition,the author suggests restricting the judge’s discretion by simplifying the legal requirements,legal effects and the design of operating procedures of the obligation to explain cases.Finally,the author takes the obligations in substantive law,including the obligation to inform,the concrete obligation of the party,the obligation to state in court,and the judge’s obligation to explain as subsidiary measures,and makes suggestions on improving the obligation to explain cases of the party who bears no burden of proof in our country.