Research On Difficult Problems Of Judicial Application Of Anti-Murder Case Of Battered Women

Donation is the legal act of both parties where the donor gives their legitimate property to the recipient without compensation,and the recipient expresses acceptance.In gift contract disputes,it is common for parties to file lawsuits on the grounds of invalidity of gift behavior,and the allocation of burden of proof for invalidity of gift behavior is relatively complex.Different courts have significant differences in the treatment of invalid gift behavior,and the situation of different judgments in the same case is prominent.This article will sort out the relevant theories of the burden of proof for invalid gift behavior,analyze and sort out the existing rules in China,analyze the current operation status of the burden of proof for gift disputes in China through judicial trial cases,and explore the allocation rules of the burden of proof for the effective(invalid)elements of gift legal behavior.The full text is divided into three parts:The first part is a theoretical overview of the burden of proof for invalid gifts.As a free contract,gifts are different from paid contracts in terms of establishment requirements,termination methods,and standards for assuming responsibility.In judicial practice,there are mostly cases where parties request confirmation of the invalidity of the gift behavior,while there are relatively few cases where parties request confirmation of the invalidity of the gift behavior.The parties requesting confirmation of the invalidity of the gift behavior expect to break the existing state of interest.The parallel state of the effective and invalid elements of legal acts stipulated in the Civil Code has led to the difficulty in determining the risk of failure in following the general rules of burden of proof allocation.The second part is the judicial practice of proving the responsibility of valid(invalid)gift behavior in China.The act of gift is deemed invalid if it does not meet the valid requirements for civil legal acts stipulated in the Civil Code,or if it meets the corresponding invalid requirements.Through a certain number of cases,it can be found that in current judicial practice in China,the provisions of Article 67 of the Civil Procedure Law and Article 90 of the Interpretation of the Civil Procedure Law are mainly applicable to cases where the facts of invalid gift behavior are unclear,and there are problems such as confusion in the allocation of burden of proof and uncertainty in the allocation of burden of proof.In cases where the validity and invalidity of gift behavior are confirmed,The parties(plaintiffs)bear the burden of proof of the valid and invalid elements respectively,which leads to the opposite judgment results of the burden of proof for the same matters(whether the parties have the capacity,the authenticity of declaration of will,whether they violate the mandatory provisions of laws and administrative regulations or violate public order and good customs).The third part is suggestions for improving the allocation rules of burden of proof for invalid gifts.Part III: Suggestions for improving the allocation rules of proof responsibility for invalid gift behavior.Firstly,the provisions of the Civil Code on the effective elements of legal acts should be regarded as principled provisions and no longer be used as a normative basis for allocating burden of proof in cases of invalid(effective)gift disputes.Secondly,in disputes over the validity or invalidity of the gift act,the parties claiming the validity of the gift act should bear the burden of proof for the establishment of the gift act rather than for the validity element.Finally,the party claiming the invalidity of the gift shall bear the burden of proof for the invalid elements.