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International Journal of Frontiers in Sociology, 2024, 6(6); doi: 10.25236/IJFS.2024.060615.

Restatement of the Concept of Burden of Proof from the Perspective of Legal Rhetoric—Based on the "Triple Dilemma of the Concept of Burden of Proof"

Author(s)

Yiming Xie

Corresponding Author:
Yiming Xie
Affiliation(s)

School of Political Science, Law and Public Administration, Yan'an University, Yan'an, Shaanxi, 716000, China

Abstract

Legal rhetoric is a kind of rhetorical skills and methods that are both logical and practical in order to better express legal views, demonstrate legal issues, persuade others or explain legal provisions. Legal rhetoric not only includes the choice of language and the construction of sentence patterns, but also includes logical reasoning, case analysis, the quotation of legal principles and other means. Professor Huo Haihong analyzed the concept of "burden of proof" in the article "Triple Dilemma of burden of proof", and believed that the concept has the dilemma of "deviation from substance", "lack of consensus" and "lack of efficacy". Based on the viewpoint of this paper and the perspective of legal rhetoric, the author puts forward suggestions and expectations for the restatement of the concept of burden of proof in China's civil procedure law.

Keywords

Legal Rhetoric, Legislative Rhetoric, Burden of Proof, Practice Needs, Behavior Responsibility, Outcome Responsibility

Cite This Paper

Yiming Xie. Restatement of the Concept of Burden of Proof from the Perspective of Legal Rhetoric—Based on the "Triple Dilemma of the Concept of Burden of Proof". International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 6: 94-99. https://doi.org/10.25236/IJFS.2024.060615.

References

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