Research on the Law of Burden of Proof

Author: Chen Gang
Publisher:
Publish Date: 2000-09-01
Features: Burden of proof is the "spine of civil litigation." Every judge should understand that in cases where material facts are uncertain, judgment can only be made based on the law of burden of proof; otherwise, the judgment will lack a legal basis. Every substantive law scholar should be clear that every legal provision contains the setup of the law of burden of proof, otherwise, the right of claim under substantive law will be unable to be realized in the "field" of litigation. Professor Prossin lamented that choosing the term "burden of proof" was unfortunate, but as long as the study of procedural law exists, procedural law scholars must address how to overcome uncertainty and how to allocate the burden of proof, a topic that is always full of charm and speculation. This book will elucidate the above conclusions through the unique concept of the law of burden of proof.