%0 Journal Article
%T 当事人附条件自认案件中证明责任的分配<br> Allocation of Proof Responsibility in Cases of Conditional Self Admission by Parties
%A 杨天添
%J Dispute Settlement
%P 1-6
%@ 2379-3104
%D 2024
%I Hans Publishing
%R 10.12677/DS.2024.101001
%X 当前，我国当事人附条件自认案件存在证明责任分配规则模糊不清的问题。司法实践中附条件自认案件证明责任分配不清的缘由在于对附加事实与承认事实之间的关系存在错误认识以及证明责任这一概念的模糊。当事人附条件自认案件中证明责任的分配，应当以准确认识当事人真实意思表示为基础，确立承认事实与附加事实的可分性，并依据实体法规范分配附条件自认案件中的证明责任。<br />
At present, China’s parties’ conditional admission cases face the problem of unclear distribution rules of burden of proof. The root cause of the confusion in judicial practice regarding the allocation of burden of proof in conditional admission cases lies in the incorrect understanding of the relationship between admission of facts and additional facts, as well as the ambiguity of the meaning of burden of proof. The distribution of the burden of proof in the case of conditional admission of the parties should be based on an accurate understanding of the true intention of the parties, establish the separability of the admitted facts and the additional facts, and standardize the distribution of the burden of proof in the case of conditional admission of the parties in accordance with Substantive law.
%K 附条件自认，证明责任，证据规定<br> Conditional Admission
%K Proof Responsibility
%K Evidence Provision
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=78682