Role of the parties and the judge in the administration of proofs in civil jurisdiction

Since winning or losing a law suit depends upon whether the claims has been proved or not, protection of subjective right of the individual and bringing out material fact, necessitates the proving of the claims. And again, since evidence is needed to prove the claims, the role of parties and judges is extremely important. In the context of proving activity, the parties primarily must claim that the rule of law they based their demands meets the existence of abstract facts suitable to clause facts; they must reify them in terms of time, space and content by rendering them liable to prove; subsequent to this they must show the proofs. In order to prove that the claims related with the facts they put forward are true or the claims of other party are wrong and to procure a decree favorable for themselves, the parties show the proofs about controversial facts; and within the framework of elucidating the case, to enlighten the controversial facts the judge might ask proofs from the parties or appeal to some proofs ex-officio. If any proof hasn't been put forward by the parties and the judge hasn't been call for proofs from them within the framework of elucidating the case or hasn't appeal to any proofs he can appeal ex-officio, then the claims and defenses would be non-proven and the administration of proofs activity would not be dully performed. In that case, protection of subjective rights arising from substantive law which constitutes major aim of law of civil procedure will not be provided.