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作为常用的证明责任分配规则,“否认者不承担证明责任,抗辩者承担证明责任”的准确适用应建立在间接否认与抗辩相互清晰界定的基础上。本文从一起具体案件所引发的悖论入手,结合法律要件分类说深刻地剖析了间接否认与抗辩的区别基础。
As a commonly used rules for the distribution of burden of proof, the correct application of “the denier does not bear the burden of proof and the defense takes the burden of proof ” should be based on the clear delineation of indirect denial and defense. Starting with the paradox caused by a specific case, this article analyzes the difference between indirect denial and defense based on the classification of legal elements.