What is the burden of proof and what are the responsibilities of the certifier

The referee bears the following responsibilities: to prove the facts of the Ming experience.

And general witnesses can be used as witnesses in civil disputes. That is, all units and individuals who know the circumstances of the case have the obligation to appear in court to testify. However, this does not apply to those who are unable to express their meaning correctly.

The effect of the signature of the Ming person is the effect of witnessing, and the guarantee has a completely different expression of intent, and the guarantor needs to bear the guarantee liability if the borrower does not repay the loan. In summary, the certifier is not liable for repayment.

The certifier only proves that the matter does exist and does not need to bear joint and several liability, while the guarantor or guarantor needs to bear full and several liability or incomplete joint and several liability. When signing, attention should be paid to signing in the column of the certifier, not in the column of the guarantor or guarantor, so as to avoid bearing unnecessary legal liability. It should also be noted that if the witness column is not indicated, and the other party needs to sign, remember to add the prefix certifier before signing.

The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used.

Where the parties agree to use written form, it shall be in written form. The role of the certifier is to prove that the agreed matter is the validity of the signature of the certifier and the effect of witnessing, which is completely different from the expression of intent of the guarantee, and the guarantor needs to bear the guarantee liability if the borrower does not repay the loan.

The role of the certifier is to prove the existence of the agreement. The validity of the signature of the certifier is the effect of the witness, which is completely different from the expression of intent of the spine excavation, and the guarantor needs to bear the guarantee liability if the borrower does not repay the loan.

Civil Procedure Law of the People's Republic of China

Article 72: All units and individuals who know the circumstances of a case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify.

Article 70: People's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse. The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

The responsibility of the certifier is to prove the facts of the witness. And general witnesses can be used as witnesses in civil disputes.

That is, all units and individuals who know the circumstances of the case have the obligation to appear in court to testify. However, this does not apply to those who are unable to express their meaning correctly. All units and individuals who know the circumstances of the case have the obligation to appear in court to testify.

The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify. Article 681 of the Civil Code A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debts or the circumstances agreed by the parties occur, the guarantor will perform the debts or assume the liabilities in order to ensure the realization of the creditor's rights.

What are the general rules for the allocation of the burden of proof?

1. The party asserting the existence of a legal relationship shall bear the burden of proof for the basic facts that gave rise to the legal relationship;

2. A party claiming that a legal relationship has been altered or extinguished or that its rights have been obstructed shall bear the burden of proof to prove the basic facts of the alteration or extinction of the legal relationship or the obstruction of rights.

3. Since the law has other exceptions to the burden of proof, the premise for the application of the general rules on the allocation of the burden of proof is that there are no special rules.

Legal basis: Article 670 of the Civil Code of the People's Republic of China If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop issuing the loan, withdraw the loan in advance, or terminate the contract.

The referee bears the following responsibilities: to prove the facts of the Ming experience. And the general witness, closed age can be used as a witness in a civil dispute. That is, all units and individuals who know the circumstances of the case have the obligation to appear in court to testify. However, this does not apply to those who are unable to express their meaning correctly.

[Legal basis].Article 72 of the Civil Procedure Law of the People's Republic of China.

All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.

A person who cannot express his meaning correctly cannot testify.

Article 681 of the Civil Code of the People's Republic of China.

A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the guarantor will perform the debt or assume the responsibility.

The burden of proof is in civil proceedings.

It is up to the parties to provide evidence and prove the facts asserted, so how much do you know about the burden of proof? Here's what I've put together on what the burden of proof is, I hope you enjoy it!

Civil litigants have the burden of providing evidence and proving their claims and the liability to lose the lawsuit if they cannot prove it.

The burden of proof in criminal proceedings in capitalist countries, common law.

It is not the same as the provisions of civil law systems.

Common law system. The common law system adopts the doctrine of argumentation, and the burden of proof is basically the rule of civil procedure, that is, on both sides, "whoever asserts, who bears the proof".

The first is the obligation on the accuser to present evidence to prove the guilt of the accused. If the judge or juror has doubts or finds the evidence adduced by the complainant to be insufficient, the defendant shall be acquitted. But in the case of the defendant rebutting the complaint, the burden of proof shifts to him.

For example, if the defendant argues that he is physically or mentally unsound and incapable of committing a crime; was not present at the time of the crime; His actions were carried out under duress from others; one's own behavior is a lawful act of authority; If the stolen goods in possession are denied to be stolen, etc., the defendant must prove it. If no evidence of innocence can be adduced, the existence of the crime is presumed.

Shendong Civil law system.

In criminal proceedings in civil law countries, prosecutors and judges take the initiative to prove the facts of the case on the basis of the principle of ex officio. The prosecutor brought a complaint before the court on behalf of the State, adducing various evidence against the defendant as well as in favour of the accused; The defendant has the right to refuse to make a statement and remain silent, and has no obligation to prove his guilt or innocence. Judges take the initiative to question witnesses and defendants, investigate evidence, and collect evidence, and are not subject to the parties' suggestions, applications, or the provision of evidence, nor are they bound by them.

Thus, with regard to the theory of criminal procedure in civil law systems, many scholars believe that the burden of proof rests with prosecutors and judges. However, some scholars believe that the burden of proof refers to which of the parties should be responsible for presenting evidence, and therefore believe that the prosecutor as the complainant should be responsible.

Criminal Procedure Law of the People's Republic of China

Article 32 stipulates: "Judges, prosecutors, investigators.

Personnel must follow legal procedures to collect all kinds of evidence that can prove the defendant's guilt or innocence, and the severity of the crime. "In practice, all kinds of evidence of guilt and innocence are collected and verified by investigators, procurators, and adjudicators on their own initiative. This is not only the duty of investigators, procurators, and adjudicators, but also their responsibility.

During interrogation, the defendant cannot be compelled to confess. However, the defendant shall be truthful in his interrogation of judicial personnel, and shall not have the right to refuse to make a statement or remain silent.

in private prosecution cases.

, the private prosecutor bears the burden of proof. If the court finds that the evidence of the private prosecutor's complaint is insufficient, it may request him to supplement it, and if it cannot provide sufficient evidence, it has the right to reject the private prosecution. If the defendant files a counterclaim, the counterclaimant bears the burden of proof.

On the basis of the evidence submitted by the parties, when the facts of the dispute are unclear, the court should take the initiative to investigate inside and outside the court, and only after the facts have been investigated clearly can it be handled, and cannot passively rely on both parties to provide evidence.