论文部分内容阅读
证明责任乃诉讼法、证据法甚至实体法中极具实践性的课题,也是近年来引起学界强烈关注的课题。本文从一个典型的案例引出证明责任的概念及其与其他相关概念的区别和联系,由此对证明责任分配问题进行剖析,试图从德国罗森贝克的证明责任分配理论和他的批判者中寻求建立起我国完善的证明责任分配制度,以期对我国证明责任理论的研究、民事证据立法乃至民事实体立法有所裨益。
Proof of responsibility is the procedural law, the law of evidence and even substantive substantive issues in practice, but also in recent years attracted strong academic attention. This paper introduces the concept of burden of proof and its relation with other related concepts from a typical case, analyzes the distribution of burden of proof, tries to find out from Rosenberck’s theory of the distribution of burden of proof and his critics Establish a perfect system of distribution of burden of proof in our country with a view to the study of our country’s burden of proof theory, civil evidence legislation and even civil substantive legislation.