Research On The Types And Solutions Of The Difficulties Of Proof In Civil Litigation

There are many cases of difficulty in proving in civil procedure,which can be divided into two categories: the difficulty of proof caused by judge’s inability to apply the rules of burden of proof distribution and the difficulty of proof proof caused by "uneven distribution of evidence".The former is unclear on the nature of facts,the concurrence of the factual nature of the elements,the latter is the difficulty of proving the person who bears the burden of proof of the negative facts and the difficulty of unilateral proof due to the obstruction of proof.At present,there are several methods to eliminate or alleviate the difficulties of proof,such as "inversion of burden of proof","obligation of case clarification","reduction of proof standard","order of document" and so on.From the perspective of the principle of civil procedure law,these situations to eliminate or alleviate the difficulties of proof are basically the arrangement and combination of three concepts,namely,the arrangement of the responsibility of the actual claim,the objective proof responsibility and the subjective burden of proof(or the responsibility for providing evidence).However,it should be clear that the theoretical research is concerned about the difficulty of proof caused by the "uneven distribution of evidence".The digestion method is also suitable for this situation.However,the "difficulty of judge applying burden of proof" should be said to be caused by the divergence of understanding the rules of burden of proof distribution.The matching of proving difficulty and its digestion method should conform to the principle of proportion.According to the principle of proportion,the difficulty of proof and the method of digestion should be matched.The application of the principle of proportion should be specified.In principle,when the distribution result of objective burden of proof is determined,the responsibility for claim of facts,responsibility of objective proof and responsibility for providing evidence should be "bound together".In order to coordinate the burden of proof between the original defendants,the burden of proof will be transferred first,then the burden of claim of facts is transferred,and the last is the inversion of burden of proof.However,there are two prerequisites for such a system design: first,the rules of burden distribution can be applied;secondly,there are unbalanced evidence distribution between the parties.But just as the nature of the elements of facts is unclear and other circumstances lead to difficulties in proof,can not be resolved by the above-mentioned methods.This paper explores the theoretical framework of proving difficulties and resolution,in order to provide reference for better solving the problems in judicial practice.