Evidence Law: Study on the Principle and Rules of the Burden of Proof

Author: Chen Jierong
Publisher:
Publish Date: 2004-12-01
Features: One of the functions of the judiciary is to adjudicate disputes and resolve conflicts, ensuring the adherence to principles and rules, which is the foundation of judicial justice. Otherwise, judicial rulings would lack certainty, and the realization of judicial fairness and civilization would be difficult to sustain. Mr. Hu Shi's principle, "Speak according to the evidence you have; do not exaggerate even if you have seven parts of evidence," is self-evident. Traditional evidence law theory holds that the burden of proof rule applies only when the truth or falsehood of the case facts is uncertain. This book argues that the burden of proof principle and rules are applicable in every stage of the litigation process. The content of the burden of proof itself includes: the burden of asserting evidence methods in pre-trial procedures, the burden of presenting evidence methods in the examination-in-chief, and the burden of using evidence for deliberation in the closing arguments. The burden of proof principle and rules in this book include: (1) The theory of the burden of proof. The main principles and rules involved are: the historical development of the burden of proof, the system of the burden of proof, and the principle of allocating the burden of proof. (2) The theory of the transfer of the burden of proof. The main principles and rules involved are: the rule of judicial knowledge, the rule of presumption, the rule of admission, and the rule of proof obstruction. (3) The theory of prohibitions and limitations on the burden of proof. The principles and rules involved include: the rule of apparent proof and the rule of the hearsay rule. In today's era of cultivating the concept of evidence culture, fostering logical thinking about evidence, and vigorously promoting the principle of evidence-based adjudication, studying the principles and rules of the burden of proof is undoubtedly like finding sweet water in a drought.