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How to deal with difficult landlords
The Distribution Principle of the Burden of Proof in Litigation —— The system of "who advocates who gives evidence"
1 Article 64 of the Civil Procedure Law 1 stipulates:
"The parties have the responsibility to provide evidence for their claims."
2. Article 2 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings.
The third paragraph stipulates: "The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based."
The fourth paragraph stipulates: "If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences."
3. the Supreme People's Court's "Provisions on Evidence in Civil Proceedings" stipulates in Article 7:
"There is no specific provision in the law. If the burden of proof cannot be determined according to these provisions and other judicial interpretations, the people's court may determine the burden of proof according to the principles of fairness, honesty and credit, and taking into account factors such as the ability of the parties to provide evidence. "
The above-mentioned legal provisions clarify the distribution principle of the burden of proof in litigation in China-the system of "who advocates who gives evidence", and also establish the right of judges to distribute the burden of proof in trials.
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