On The Denial Containing Reasons And Its Obligations

In Civil Litigation, Denial is negative statements refers to the claims of the other party. As a responses to the fact proposition of the other party, denial appeared frequently in civil procedure, this conception only exist in such situation that the other party bear the burden of proof of certain facts. The significance of denial is that bear the burden of proof of the parties must to actively provide relevant evidence to prove the cause of the request in order to let the court convinced the fact of the claim. Denial can be divided into purely denial and denial containing reasons, compared with the purely denial, denial containing reasons can shaped the point in dispute to ensure direction and purpose of the evidence investigation of the Court, thus preventing meaningless evidence investigation and saving the time of trial, it is good for concentrated trial and promote the reconciliation between the parties.The body of this thesis consists of four parts:The first part is about the conception of denial containing reasons. Denial containing reasons is the negative form for the purely denial, this part of the thesis introduces the definition and content of denial containing reasons, summarizes the significance of denial containing reasons in civil procedure. At the same time, in order to better grasp the characteristics of denial containing reasons, this party also analyses the relationship and difference between denial containing reasons and defense.The second part discusses the meanings and legal basis of the obligation of denial containing reasons. Fist, interprets the meaning of the obligation of denial containing reasons, In combination with the relevant provisions of the civil procedure of Germany and Japan and the related theory in Taiwan, this part analyzes the phenomenon that denial containing reasons becomes mandatory. Furthermore, this article seeks to establish the theory basis of the obligation from the theory of continental legal system of civil litigation, including disclosure obligation of case facts, promoting obligations and good faith doctrine.The third part is about the premise and the scope of denial containing reasons. In principle, the parties without the burdens of proof should perform the obligation of denial containing reasons upon on the fact claimed by the other side meeting the specific requirements. However, in the case when the main evidences are under one party’s, it’s reasonably to permit for an exception that the parties without the burdens of proof have the obligation of denial containing reasons. About the scope of denial containing reasons, theorists which have discussed theory about general obligation theory and individual obligations theory, in this paper, the concept and content of the two theories and applied are analyzed.The fourth part is about the construction of the obligation of denial containing reasons in civil procedure. It pointed out the status quo that there are no clear legal provisions about denial containing reasons in the civil procedure law, at the same time, purely denial is not banned. On the basis of this status quo, this part analyzes the necessity of the establishment of the obligation of denial containing reasons and puts forward some suggestions about how to improve the obligation of denial containing reasons.