侵权行为法中抗辩与抗辩事由分类研究

Study on Classification of Defence in the law of Torts

起源于罗马法的抗辩是民法上极为重要的概念。在现代法学范畴内将其分为实体法上的抗辩和程序法上的抗辩。实体法上的抗辩又分为权利障碍的抗辩、权利毁灭的抗辩和抗辩权。程序法上的抗辩则分为妨诉抗辩与证据抗辩。在此基础上对抗辩事由的分类及意义做了系统研究。

The defence is a very important concept,which origins in Roman lawo In the context of modern jurisprudence,the defence is divided into substantive law defence and procedural law defenceo Substantive law defence is divided into Substantive law on the rights of deferlce obstacles defences,the right to destroy defences and defence. Procedural law defence is divided into the procedures followed defence and the defence evidence defences. On the basis of analysis , this text researches systematically into the classification and meaning of Subject to defences.