论减轻当事人证明责任的法理基础及其制度构建-法学理论专业论文.docxVIP

PAGE PAGE III Abstract As our country civil procedure law of the judicial system is an important part in the theory and practice of justice, which has played an important role in the civil procedure. Evidence is the core of the system of law, as the most important proof responsibility distribution system and has been called the back civil litigation in China for study; the civil procedure law also should not allow to be ignored. In the 1980s the civil trial reform, especially for the civil proof responsibility system reform gradually appear in modern cases, combined with common influences of our national proof responsibility system development direction. In modern litigation mode, appeared in a series different from traditional mode of action, which exists between the parties, the status of different distances from evidence, and the use of evidence ability. As it can guarantee the equality of litigation domain, and cannot assure litigation purposes. This article chooses in this problem, namely is uneven in todays litigation mode. This paper discusses how to protect the interests of the disadvantaged to overcome difficulties. The burdens of proof, thus ensuring the block out the proof of an equal posture into action, and finally achieve the expected field effect of litigation. This paper prepares to alleviate the burden of proof that a problem from four aspects of the parties: In the first chapter, it takes a look at the proof responsibility system in historical review, through its development and the current development situation; we can make more close to know the proof system in the whole procedure of history status and development direction. The second chapter, reduce the burden of proof for the legal basis and value pursuit is analyzed. A system designed and its profound theoretical support for proof responsibility system, while the analysis as the same. This chapter from realizing the equality, justice, honesty and credit principle, essence, discussed the sy