Civil Proof of Responsibility Research

Author: Li Hao
Publisher:
Publish Date: 2003-09-01
Features: Since its establishment, Southwest University of Political Science and Law has gone through 50 years of history. Although it faced the chaos of the Cultural Revolution and was suspended for nearly 10 years, it still educated over 100,000 students. The spirit of Mount Gelen has nurtured integrity, while the Jialing River has fostered a humanistic spirit. Over 100,000 graduates have been active across the country, contributing to the construction of the nation's legal system and demonstrating their talents. They have formed a widely recognized group of Southwest legal professionals, shaping the unique character and spirit of Southwest legal education and its graduates. On the occasion of the 50th anniversary of the university's founding, the Beijing Alumni Association of Southwest University of Political Science and Law, in collaboration with Legal Press, has launched the "Academic Works of Southwest University of Political Science and Law," a tribute to our alma mater's 50th anniversary. It is also a review of the achievements of this major center of Chinese legal education and academic research. We hope these 50 works will serve as stepping stones for future scholars in the fields of legal research and legal education. Additionally, we aim to demonstrate the traditions and spirit of Southwest University of Political Science and Law through these works. The character and spirit reflected in the university's educational process, students' writings, and actions is primarily a strong sense of vigilance. The sense of vigilance is an enduring tradition of Chinese intellectuals. "A scholar must be strong and resolute, shouldering great responsibilities and a long journey. To take benevolence as one's mission is not heavy enough? To die without rest is not far enough?" Zeng Can's words can embody the strong sense of vigilance and responsibility of Chinese intellectuals. However, since modern times, with the introduction of Western academic and educational systems, intellectuals have specialized in different fields, creating a certain tension between their professional pursuits and their commitment to serving the nation. Nevertheless, for legal professionals, a new profession in the history of this country, they are destined to face more hardships compared to those in other fields in contemporary China. After the founding of the People's Republic of China, legal education quickly fell into a state of suppression. In fact, the establishment of law and politics colleges like Southwest University of Political Science and Law in the early 1950s was more of a measure to restrict legal education rather than its development. Each law and politics college was established by merging several departments of comprehensive universities, significantly reducing the overall scale of legal education in China. More significant than the scale was the break with existing traditions in the content and objectives of legal education implied by concepts like "law and politics." As a result, both teachers and students in these colleges were initially in a state of suppression. Looking at the mainstream discourse on legal education at the time, it was completely hostile to the rule of law. By the 1960s, this hostility intensified, ultimately leading to a complete halt in legal education. Teachers were sent to labor, and schools were disbanded. In such circumstances, the vigilance of legal intellectuals was deeply rooted and hard to alleviate. After the Cultural Revolution, although legal education was restored and the construction of the rule of law gradually became a priority, the vast gap between legal theory in books and the actual situation in society remained a constant source of pain for legal professionals. Despite being located in the southwest, somewhat "far from the center of power," this sense of vigilance, exacerbated by the of their profession, did not diminish for a moment, and it may have even been intensified by the distance from the political center. In legal education and legal research, this sense of vigilance combined with rationality and an open spirit, fostering a scholarly atmosphere of intellectual curiosity, equal discussion, and an academic character that rejects blind obedience and superstition. Especially in the early years after its resumption, the campus was a scene of intellectual ferment, with academic bulletin boards expressing bold ideas, new theories emerging one after another. Some arguments or proofs, read today, may seem naive, but in the context of the time, they were groundbreaking. It was this campus atmosphere that nurtured the valuable spirit of skepticism and criticism among Southwest legal professionals. Skepticism and criticism are not emotional expressions but rational arguments based on extensive and profound knowledge. Initially, the goal of establishing single-discipline law and politics colleges was to train technicians or craftsmen in law; without being part of a comprehensive university, the knowledge horizons of students and teachers would inevitably be limited, and a critical spirit would have no room to develop. However, the uniqueness of Southwest legal professionals lies in their awareness of the limitations of this educational system and their efforts to break through such constraints. The books never put down in the library, the profound reflections on Mount Yin Road, and the fierce debates in dormitory discussions all demonstrate the efforts of teachers and students in this somewhat specialized university to transcend the confines of law and seek broader horizons. Such pursuits are reflected in our graduates in diverse ways: in addition to those engaged in legal education and research who often demonstrate interdisciplinary knowledge in their works, many alumni have entered politics or excelled in fields outside law, some even becoming playwrights, travel (writers), poets, or philosophers. We believe that as our alma mater continues to evolve into a comprehensive university, our graduates will become even more remarkable in this regard. The research content of this book includes: the meaning of burden of proof, the legal nature and function of burden of proof, the theory and practice of burden of proof, the reversal of burden of proof, presumption and burden of proof, proof requirements and burden of proof, and the allocation of burden of proof in common civil litigation.