The Methodological of Meaning of Burden of Proof Judgement in Civil Law System: A Concurrent Analysis of Its Misuse by Chinese Scholars

XIAO Jian-hua; WANG De-xin

Jun. 2021

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Article Navigation > Journal of University of Science and Technology Beijing ( Social Sciences Edition) > 2005 > 21(2): 44-51

XIAO Jian-hua, WANG De-xin. The Methodological of Meaning of Burden of Proof Judgement in Civil Law System: A Concurrent Analysis of Its Misuse by Chinese Scholars[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2005, 21(2): 44-51.

Citation:

XIAO Jian-hua, WANG De-xin. The Methodological of Meaning of Burden of Proof Judgement in Civil Law System: A Concurrent Analysis of Its Misuse by Chinese Scholars[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2005, 21(2): 44-51.

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The Methodological of Meaning of Burden of Proof Judgement in Civil Law System: A Concurrent Analysis of Its Misuse by Chinese Scholars

Procedural Law Research Center China University of Politics and Law, Beijing 100088, China;Law School of Shandong Normal University, Jinan 250014, China

Received Date: 2005-01-12
Available Online: 2021-06-30

Abstract

Abstract

The main stream of the burden of proof theory holds that the party will lose the case if he/she fails to present enough evidence; this should be altered. This theroy of burden of proof arises to help the judges finish their judging duty,therefore, it is improper to over-exagerate the meanings of burden of proof to passing judgements.
- burden of proof,
- judgment,
- law application,
- methodology