Abstract：The transfer of burden of proof must begin with the initial claim of the plaintiff which is the objective of the lawsuit, and its basic requirements are the claim being powerful and proved valid. The essence is to inquire the claim of the other party which is contrary but tenable. And the key point is the party who puts forward the claim has proved it and made it persuasive enough. The theoretical mode of the procedure is to propel the process of claim in the order of time , and to constitute a series of compact links, in which a claim is regarded as a unit. The confirmation of the claim in each link should set up a “program space”. It is crucial that the judges are neutral so that the transfer of the burden of proof can be operated reasonably. And the particularity originated from the beyond reasonable doubt probative standard of the transfer of burden of proof in the criminal lawsuits is the higher requirement of the validity of the public prosecutor's initial claim ,but lower of the dependant's refutatory claim.
2007, Vol. 1 
浙公网安备 33011802000512号