论文部分内容阅读
一位老人当年向他的亲家借了一笔钱,后偿还了,但还款时他没有收回借条,因此发生纠纷诉至法院。在法庭上,老人说钱已经还了,但提供不了还钱的证据,而亲家则出示了借条说钱没还。法院最终判决老人败诉。老人不服,申诉上访达七八年,至死不渝。对此,湖北省高级法院副院长吴德桥说,也许事实真相正如老人所述,但法官只能依据当事人提供的有关证据来认定事实和法律关系。也就是说,即使那笔借款已经偿还,法院也不得不判决老人败诉。这个典型案例反映了“客观事实”与“法律事实”之间的
An old man borrowed a sum of money from his relatives that year and repaid it later. However, he did not withdraw the IOUs when repaying the funds and therefore sued the court. In court, the old man said that the money was paid off, but he could not provide any evidence of paying back the money. However, his relatives showed an almighty bill saying no money left. The court eventually ruled the elderly lost. The old man refuses to accept the appeal petition for seven or eight years until his death. In this regard, Wu Deqiao, vice dean of the Hubei Provincial High Court, said that perhaps the truth is just as the old man said, but the judge can only confirm the factual and legal relationship based on the relevant evidence provided by the parties concerned. In other words, even if the loan has been repaid, the court also has to judge the elderly lose. This typical case reflects the relationship between “objective facts ” and “legal facts ”