客观证明责任存在基础:事实真伪不明分析

An Analysis of the Non Liquet of Elements of Law As the Foundation of Objective Burden of Proof

作为客观证明责任基础的要件事实真伪不明,其存在是客观和不可避免的。重视其在纠纷审理和裁量中的存在,并以此为依据制定相关证明责任规则,将对我国长期以来持有的“发现绝对客观事实真相”的不正确观点是一种纠正和创新,更是避免了当事人的讼累和国家司法资源的过度浪费。

It is objective and inevasible that non liquet of the elements of law exists as the foundation of objective burden of proof. We should attach important to its existence in the disputes＇ hearing and judgment, and constitute the rule of burden of proof on the base of it. So, it would be the remedy and innovation to the former wrong view—discovering the utterly objective truth—which is held in a long time by our judges, and it would have further important meaning avoiding parties＇ damage and hurt, and the huge expense burden of judicial resources.