对间接反证内涵的分析——从几个相关问题的角度进行把握

An Analysis of Indirect Disproof: From Perspective of Several Related Law Issues

间接反证理论由罗森贝克基于公平原则和实质正义提出,作为对法律要件分类说的修正,其主张对于间接反证的间接事实也应当分配证明责任,在从间接事实到主要事实的推认过程中发挥着重要作用,也能够在某种程度上规避因严格执行法律规范所带来的弊端。但是,自间接反证理论提出以来,对其批判就从未中断过。间接反证理论的重要作用是毫无疑问的,但是,在一些问题上仍然需要进行深刻的剖析和思考。

The Indirect Disproof Theory put forward by Rosen Beck is based on the principle of fairness and substantive justice. In order to improve the Theory of Classifying Legal Elements, he argued that the burden of proof should also be distributed in indirect facts, which plays an important role in the process of recognizing the main fact and can also avoid the disadvantages in strict enforcement of legal requirements. However, criticism has never been stopped since the day the Indirect Disproof Theory was put forward. There is no doubt that it is a very important theory. But further analysis and thinking are still needed on some issues.