Principle of law of the proof interference

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When the person concerned who does not bear proof responsibility makes collection of evidence, the presentation (proof) of the person concerned bearing burden of proof difficult and disturbs it in the legal proceedings with the principle of law (しょうめいぼうがいのほうり) of the proof interference, I say a principle of law to handle profitably to the person concerned suffering a burden of proof interfered with. I merely say proof interference or the proof interference.

Table of contents

Summary

When the legal basics of proof interference disturb the evidence presentation of the opponent by a breach of duty act (including the inaction) to spoil the elucidation of the case, adjustment is considered to be measured [¹] with sanctions in the suit.

About this, prescribed for a law; there may be it, but is not best it [²].

Requirements

• Objective requirements

1. Violation for the cooperation duty of the evidence preservation breach of duty in the wide meaning or the case elucidation existing (breach of duty)
2. By such a breach of duty, the elucidation inability of the requirements fact happens (causation), and cannot expect the elucidation of the case of a person bearing proof responsibility [³].

• Subjective requirements

1. Being the thing that breach of duty is like existence responsibility (schuldhaft) (帰責事由)
2. A breach of duty act is against a request of the fair suit pursuit (normative evaluation); [³]

When the law has the rule, I it

• Civil Proceedings Act Article 208 (when I refuse nonappearance, a statement for person concerned questioning)
• Civil Proceedings Act Article 224 (when the person concerned does not obey a document presentation order)
• Civil Proceedings Act Article 232 Clause 1 Article .224 application with necessary changes (objective inspection the person concerned non-in the case of presentation, non-sending)

Prescribed for a law; when there is not it, it

• Precedent (Tokyo High Court January 30, 1991 judgment, precedent time signal 1381)

The court the content of the requirements fact, contents of the evidence interfered with and a form, relative difficulty characteristics of the securing of other evidence, importance, a law learned by experience of the evidence interfered with in the case concerned general; consider it; and depending on a case,

1. Do you estimate a claim fact of 挙証者 virtually?
2. Depending on degree of the proof interference, do you perform imitation of a claim fact of 挙証者 as the truth for discretion?
3. About a claim fact of 挙証者, do you accept the reduction of the proof degree?
4. You switch the proof, and do you have an opponent carry the burden of proof of the opposite of claim fact of 挙証者?

You should determine を.

Footnote

1. 204 pages of ^ Ichiro Kasuga, civil affair evidence method study (1991) "proof interference"
2. ^ Kokki Yamakido, Civil Proceedings Act essays (有斐閣, 1990) "freedom conviction and burden of proof" 59 pages
3. 208 pages of ^ ^{a b} Ichiro Kasuga, civil affair evidence method study (1991) "proof interference"

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