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谁主张,谁举证

English translation: The burden of proof lies upon him who affirms

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:谁主张,谁举证
English translation:The burden of proof lies upon him who affirms
Entered by: Zhoudan
Options:
- Contribute to this entry
- Include in personal glossary

11:01 Jul 12, 2002
Chinese to English translations [Non-PRO]
Law/Patents / civil procedure
Chinese term or phrase: 谁主张,谁举证
进入民事司法程序的“谁主张,税举证”的模式,使得律师担负起调查职能。

please read in GB2312.
Zhoudan
Local time: 19:55
The burden of proof lies upon him who affirms
Explanation:
I believe the Chinese text is translated from a Roman Law axiom, which reads: "Ei incombit probatio, qui dicit, non qui negat." (The burden of proof lies upon him who affirms, not him who denies.) In Anglo-American law, burden of proof is also called "onus of proof" or even simply "onus," and is NOT always on the plaintiff. It may "shift" to the defendant if he/she raises a factual issue in defense. For instance, if the defendant claims that he/she was not the registered owner of the car that hit the plaintiff, the defendant has the burden to prove that fact.
Selected response from:

Raymond Chu
Taiwan
Local time: 19:55
Grading comment
Thank you very much.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3The burden of proof lies upon him who affirmsRaymond Chu
4 +2a burden of proof is on plaintiff's side
IgorD
4just a note
Summit


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
a burden of proof is on plaintiff's side


Explanation:
A person who brings a civil action against another should provide evidence of other party's wrongdoings.

just my guess

IgorD
Russian Federation
Local time: 14:55
Native speaker of: Native in RussianRussian
PRO pts in pair: 28

Peer comments on this answer (and responses from the answerer)
agree  Chinoise: I essentially agree with your comprehension. But, in my point of view, we should give a word-for-word translation as it is applied in legal categories.Would you please polish your version by restructuring your wording.Thanks.
1 hr
  -> Thank you! I'll try, though Moscow hot weather is interfering.

agree  Summit: would like to furtherly distinquisth between Criminal or Civil cases
1 day19 hrs
  -> Thank you!
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
The burden of proof lies upon him who affirms


Explanation:
I believe the Chinese text is translated from a Roman Law axiom, which reads: "Ei incombit probatio, qui dicit, non qui negat." (The burden of proof lies upon him who affirms, not him who denies.) In Anglo-American law, burden of proof is also called "onus of proof" or even simply "onus," and is NOT always on the plaintiff. It may "shift" to the defendant if he/she raises a factual issue in defense. For instance, if the defendant claims that he/she was not the registered owner of the car that hit the plaintiff, the defendant has the burden to prove that fact.

Raymond Chu
Taiwan
Local time: 19:55
PRO pts in pair: 161
Grading comment
Thank you very much.

Peer comments on this answer (and responses from the answerer)
agree  IgorD: excellent explanation
3 mins

agree  Chinoise: Agree with IgorD -----> Good elaboration!I've learned a lot from it.
25 mins

agree  Summit: agree with concept, but would think twice on "affirm"
1 day17 hrs
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1 day20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
just a note


Explanation:
further to commentators' notes toward this question, I would like to add some personal notes:

in 刑事法 (Criminal case):one might consider the accuser vs. accused. Accuser bears the burden of proof and need to prove it beyond (not only resonable)any doubts.(like OJ Simpson's case)

in 民事诉讼 (Civil case): one who drafts the contracts (most common case is: Landlord vs. Tenant), bears the burden of proof that it's not an unfair practice (不符合国情,民情,地方习俗的契约)and the burden to explain the ambiguity of the contract wordings is rest upon the drafter of the contracts. The Civil court judges opt to judge against the drafter of the contract.

Summit
PRO pts in pair: 11
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