论文部分内容阅读
为了证明案件事实的真相,当事人向司法机关提供证据,这种行为叫举证。举证是当事人的诉讼权利,当事人为了证明有利于自己的事实,有权向司法机关提供相应的证据。但在有些场合,举证不仅是当事人的一种诉讼权利,而且首先是一种诉讼义务,这种义务称为举证责任。作为权利,当事人可以行使,也可以不行使,但作为义务,当事人必须履行。当事人如果不履行举证的义务,就可能承担不利于自己的诉讼后果。那么,在哪些官司中哪些当事人负有举证
In order to prove the truth of the facts of the case, the parties provide evidence to the judiciary, which is called proof. The burden of proof is the parties’ right to litigation. The parties have the right to provide appropriate evidence to the judiciary in order to prove the fact that they are beneficial to themselves. However, in some occasions, the proof is not only a litigation right of the parties, but also an litigation obligation, which is called the burden of proof. As a right, the parties can exercise or not exercise, but as an obligation, the parties must fulfill. If the parties do not fulfill their obligation to prove, they may bear unfavorable consequences for themselves. So, of the lawsuits in which parties have evidence