On The Proof Of Negative Affirmation

Negative affirmative action refers to a case where one of the parties requests the court to confirm that the other party's rights or legal relationships do not exist.The negative affirmative action is different from the traditional lawsuit: the litigant status of the two parties is opposite to the status in the substantive law;in addition,the negative affirmative action also has the function of “forced indictment”.Therefore,the normative allocation of burden of proof for negative affirmative action should also proceed from its particularity and be reconstructed in conjunction with the interest theory of v.The difficulty in researching the burden of proof in the negative affirmative action lies in how to establish the normative burden of proof for the negative affirmative action in our country's existing normative system of proof responsibility,in conjunction with its particularity.Taking into account the stability of the law and the unity of case justice,after trying to establish the general principle of the burden of proof of negative affirmative action,we must also consider what adjustments should be made to the general principle when the fairness of the individual case is manifested.The research on the burden of proof of negative affirmation in this article is mainly divided into five parts.First of all,it expounds the basic theories of negative affirmative action,which is the necessary theoretical foundation for this article.Secondly,it combs the special points that negative affirmative action is different from traditional litigation.This is the starting point for constructing a system of proof of negative affirmative proof.And important considerations;then analyzed the prepositional problem of the burden of proof in the negative affirmative action,and finally tried to construct a specific allocation specification for the burden of proof in the negative confirmation.This is also the focus and difficulty of this article;finally,through the construction of The system of mitigation of the burden of proof of negative affirmative action regulates the balance between general principles and case justice.This article is divided into five chapters,the specific content is as follows:The first chapter is about the theoretical overview of the basis of the negativeconfirmation.First introduced the concept of negative affirmative action,and analyzed the system value of negative affirmative action.This is also the necessity of studying negative affirmative action;then it also “recovers the source” of negative affirmative action and excavates it.The process of history formation;the latest development in the theoretical development of negative affirmative action is mainly introduced in detail on the theoretical development status of negative affirmative action in Germany,Japan,and China's Taiwan and mainland China.Through the contents of the first chapter,the basic theoretical framework for negative affirmative action has been basically established.The second chapter is a summary of the differences between the negative affirmative action and the traditional litigation.The author analyzes the special features of negative affirmative action from seven aspects: litigation subject,interest in litigation,status of the litigant,content of the verdict,non-executability of the verdict,attack character of "preemption" and the burden of proof.The study of the particularity of the negative affirmation is the premise of this paper's attempt to construct the system of proof of the negative affirmative proof.Especially the particularity of the status of the parties and the attack character of the “preemptive”are the direct considerations of the specific distribution proof responsibility of this article.factor.The content of the third chapter is the explanation of the relevant prepositional issues of the burden of proving the negative affirmative action.In view of the complexity of the system of burden of proof,this chapter first introduced the double meaning of burden of proof and the preconditions for the application of burden of proof.It also highlighted the standard of proof based on the "categorization of legal requirements." Then,it analyzes the dilemma of the negative responsibility for proof of prosecution in the face of current dilemmas.Finally,it studies the theoretical research and relevant legal provisions on the allocation of burden of proof for negative affirmation in countries such as Germany,Japan,and Taiwan and Macau.The fourth chapter is about the concrete assignment of the burden of proof on the negative confirmation.This is where the focus of this article lies.This chapter beginswith the legal principles of fairness and justice,honesty and credit,the equality of the parties' arms,and the effectiveness of lawsuits,and seeks the justification for the specific distribution of the burden of proof for the negative affirmative action.Then,from the two perspectives of subjective burden of proof and objective proof of responsibility,combined with the theory of the interests of compensation,we constructed the general principle of the distribution of burden of proof in China's negative affirmation,and used explicit loss as an adjustment principle to ensure the balance between the stability of the law and case justice.The fifth chapter constructs the system of proof of responsibility for negative confirmation of prosecution,which is the adjustment of the burden of proof on the negative affirmation of prosecution.Mainly based on the reduction of the subject's subjective burden of proof and the burden of proof against the witness' s aggravation of the burden,the author proposes to use legal techniques of presumption,appearance,and certification to reduce the burden of proof,and to submit responsibilities,proof of impediments,and the parties' affairs.Explain the obligations and other means to properly regulate the distribution of the burden of proof in order to achieve individual justice.