术语“败诉危险负担说”的详细信息

英译术语:

theory of burden on defeated suit

汉语语境:

指出举证责任有双重含义，即行为意义上的举证责任与结果意义上的举证责任，前者是指当事人就其主张的事实负有提供证据的责任，后者是指在事实真伪不明时，主张该事实的当事人有承担不利诉讼后果的责任。败诉危险负担说能够真正揭示举证责任的法律性质。举证责任概念的科学表述是:当事人负有按照法律的规定或法院的指定或当事人的约定，在一定的期限内向法院提供证据的责任，以证明自己主张的事实成立或反驳对方请求所依据的事实，如在这一期限内没有提供证据或提供的证据不足以当事人的事实主张的，导致案件事实真伪不明时，由其负担败诉风险的。

英语语境:

Two meanings shall be included in pointing out the burden of proof, i.e. the burden of proof in the sense of action and the burden of proof in the sense of result. The former means that the litigant has the responsibility to provide proof for what his claims and the latter means that if what the litigant claims shall not prove its authenticity, he has the responsibility to take the consequence that is disadvantageous to his litigation. The theory of burden on defeated suit shall uncover the legal nature of the burden of proof. The scientific expression of the concept of burden of proof is that the litigant has the responsibility to provide the court with the proof in a certain period of time in accordance with the provisions of law or the order of the court or the appointment of litigants to prove his claims or to refute the fact on which based the other party's request.