间接否认义务化研究-法律学专业论文.docxVIP

西南政 西南政法大学硕士学位论文 PAGE PAGE 3 4 4 Abstract Indirect deny civil action ( also known as grounds to deny attached ), mainly to explore in civil process, making non-negative when one of the parties to prove liability for the conduct of his client denied the claims made , just for simplicity s denial, while also some additional reasons . So, whether such an approach should be applied to general civil disputes it? That is, whether the parties to the burden of proof of all non- negative ,when he made claims against the parties should be denied additional reasons? Should indirect denial of an obligation of non- parties to the burden of proof ？On this issue , in Germany, Japan, and the theory and practice of community in Taiwan, China were discussed. Among them,particularly Germany staggering. Its not just in theory has a lot to explore , are also clearly defined in the legislation. To expand the discussion of this issue , concerned with many aspects . Not only with the purpose of civil proceedings in respect of , and also the principle of good faith , but also on issues related to the theory and doctrine of the debate . The most difficult person , than to reconcile conflicting obligations indirect denial of the basic theory of Marxism with the debate , including : indirect denial obligations of the parties will aggravate the burden ? Will the sanctions to deny the principle of indirect conflict ? Indirect deny obligations of the parties will shake the dominant position in the litigation to become a tool to provide evidence of the proceedings ? Many other issues worth exploring. Indirect country did not deny the obligation of the parties regarding the provisions of this problem on to explore is also very limited. Although the judicial practice of the parties only to deny the simple to the entire civil litigation process is also a negative impact on the understanding of issues such as the delay in the proceedings , a conclusion is difficult to fight the problem , the su