Study On The Distribution Of Burden Of Proof In Negative Confirmation Complaint

The negative confirmation lawsuit is consistent with the litigation object of other types of litigation,but it also has its particularity.On the one hand,the entity content(including entity legal status and entity legal effect)directed to the negative confirmation claim is negative;on the other hand,the obligor usually initiates the litigation procedure as the plaintiff.This paper takes the particularity of the distribution of the burden of negative confirmation as the starting point,builds on the double connotation of the burden of proof,and focuses on the object,the subject and the uncertainty of the facts of the negative confirmation.The identification standard of the nature of the object of the negative confirmation lawsuit is not unified,and the nature of the negative facts is relative as the facts to be proved.In practice,the judgment that "the negative facts need not be proved" not only negates the verifiability of the negative facts,but also ignores the variability of the nature of the facts to be proved.To prove the nature of fuzzy uncertainty further lead to negative confirmation of liability of liability,on the basis of citic guarantee contract the study of this guiding case,the analysis of similar cases found negative confirmation of the same case under the same rights basis to prove the responsibility subject is different,increased the possibility of different cases.What is related and different from these two issues is that when the facts of the case are unknown,the facts and the burden of the proof also have the same problem,and the first two problems are also the reasons why the negative confirmation lawsuit is more likely to fall into the unclear truth.The reason for the problem of the distribution of proof burden in the current negative confirmation lawsuit lies in the misunderstanding of the basic theory of proof burden in China,which equate the burden of proof with the burden of proof,not to mention the fact that the nature of the proof object in the negative confirmation lawsuit is more complex,the discrimination of proof facts is more chaotic.Accordingly,the subject of proof is not unified,and simply relies on the referee to distribute the burden of proof.The lack of standard of burden of proof is the main reason for the confusion of the object and subject of proof,and also the main factor for the uncertainty of the case.At the same time,the lack of burden of proof when the difficulty of proof leads to the negative confirmation lawsuit into the vicious circle of proof.The identification standard of the nature of the object of the negative confirmation lawsuit is not unified,and the nature of the negative facts is relative as the facts to be proved.In practice,the judgment that "the negative facts need not be proved" not only negates the verifiability of the negative facts,but also ignores the variability of the nature of the facts to be proved.To prove the nature of fuzzy uncertainty further lead to negative confirmation of liability of liability,on the basis of citic guarantee contract the study of this guiding case,the analysis of similar cases found negative confirmation of the same case under the same rights basis to prove the responsibility subject is different,increased the possibility of different cases.What is related and different from these two issues is that when the facts of the case are unknown,the facts and the burden of the proof also have the same problem,and the first two problems are also the reasons why the negative confirmation lawsuit is more likely to fall into the unclear truth.The reason for the problem of the distribution of proof burden in the current negative confirmation lawsuit lies in the misunderstanding of the basic theory of proof burden in China,which equate the burden of proof with the burden of proof,not to mention the fact that the nature of the proof object in the negative confirmation lawsuit is more complex,the discrimination of proof facts is more chaotic.Accordingly,the subject of proof is not unified,and simply relies on the referee to distribute the burden of proof.The lack of standard of burden of proof is the main reason for the confusion of the object and subject of proof,and also the main factor for the uncertainty of the case.At the same time,the lack of burden of proof when the difficulty of proof leads to the negative confirmation lawsuit into the vicious circle of proof.