On The Nature Of The Negative Facts And Proof Rules

At present, there is very little study on negative fact both in china and across the globe... The negative fact is strictly defined as the fact which "has not occurred" or "is no-being" .There is a universal wrong understanding about the negative fact in academic, that each positive fact all only corresponds a negative fact; that the negative fact cannot prove or the proof is extremely difficult, that the positive fact may cause the legal relationship production or eliminate, but the negative fact cannot have the result generally, Even if has proven the negative fact existence, also does not have any legal significance. In fact, this is a misunderstanding about the negative fact extremely. Although the negative fact is a concept in the legal science, but only then can understand the negative fact from the philosophy. To study the character of the negative fact and its proof rule, must draw support from research techniques and achievement on philosophy, physics, psychology, mathematics, legal science. Research on negative fact will be extremely significant to the improvement of proof theory and the justice-instructional practice.The fact may divide into the positive fact and the negative fact from the philosophy angle. The fact is different from the legal fact which makes a decision on a verdict. In a narrow sense of the word, the legal fact is a recognized fact that can be proving, and take the referee basis in the lawsuit. The lawsuit proving is one kind of thinking activity in nature. After therefore the legal fact is the process thought processing the fact which was recognized by judge, it is not necessarily consistent with real fact. The positive fact is refers to each kind of thing or each material which in the world exists. Putting briefly, the positive fact is refers to the state of material motion.The negative fact is one kind of existence in the philosophy. The negative fact is not "nonexistence", but "non-being", it means existing "nothing". Looked from the physics angle, the positive fact is occupying the time and the space continually, is a set that includes some elements about the affairs composed, an informatory point in the fourth-dimension. While the negative fact is a set that includes nothing, a supplementary set of any positive fact. Each positive fact corresponds countless negative facts, with the latter can only be proved by a positive fact. Looked from mathematics angle, the negative fact is a null set that includes nothing. The null set is any set subset. The negative fact is a set that contain any element. Since cannot say the null set does not exist, and then cannot say the negative fact does not exist; the negative fact and the positive fact are not the oppositions, but is the harmonious unification. Sometimes the negative fact position and the positive fact position is conflicts mutually, one of them is surely false.The world is of material characteristic. It is composed of each kind of positive fact. The positive fact may divide into the natural state fact, the society state fact and the energetic state fact; however, the world also has another kind of fact that is non-materializing, objective existence "nothing", this is the negative fact. Because any negative fact is a complementary set any positive fact, therefore, each positive fact all corresponds countless negative facts. Says from this significance, any negative fact proof does not have any significance to the positive fact proof. The negative fact assertor usually...