is the obligation to prove allegations which are presented in a legal action.
Under the Latin maxim necessitas probandi incumbit ei qui agit, the ordinary rule is that "the necessity of proof lies with he who complains."
For example, a person has to prove that someone is guilty (in a criminal case) or liable (in a civil case) depending on the allegations; a person is not required to prove his or her own innocence, it is rebuttably presumed.
More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.
離線
如果你控告一個人，那麼你就有責任提出證據，而被告不必證明自己的清白。
即Burden of proof在原告，不在被告。
不知對不對，請識者指正。
謝謝冷眼兄.
^_^
Burden of proof (Latin, onus probandi)：
is the obligation to prove allegations which are presented in a legal action.
Under the Latin maxim necessitas probandi incumbit ei qui agit, the ordinary rule is that "the necessity of proof lies with he who complains."
For example, a person has to prove that someone is guilty (in a criminal case) or liable (in a civil case) depending on the allegations; a person is not required to prove his or her own innocence, it is rebuttably presumed.
More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.
http://en.wikipedia.org/wiki/Burden_of_proof
/而被告不必證明自己的清白。/
全世界都如此嗎?
在某些司法落後的地區不這樣。
我以為日本都係咁 tim :+=
thx 喬峰兄
^_^
大陸好似係岩岩相反,被告要證明自己無罪。
我都以為大陸法地區要自證無罪添 :)=
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