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在诉讼过程中,不负举证责任一方当事人由于故意或过失行为,导致对方之举证不能,在法院认定事实过程中,应当作对对方有利之调整,而使得证明妨碍行为人承担不利后果。为贯彻诚信原则及当事人之间武器平等原则,当事人若因过失行为导致证明妨碍,应类推适用因故意造成证明妨碍之制裁。针对一方当事人的证明妨碍行为,法院应当通过自由心证进行拟制或裁量,维持双方当事人间公平。
In the process of litigation, one party, who is not responsible for the burden of proof, can not prove his / her testimony due to intentional or negligent acts. When the court finds the facts, he should make favorable adjustments to the other party and render the evidence impeding the actor from adverse consequences. In order to implement the principle of good faith and the principle of equal treatment of arms between parties, if the parties cause any impediments to proof due to their negligence, they should apply analogously to sanctions that have been intentionally caused to prove obstruction. In response to a party’s proof of obstruction of behavior, the court should make a free trial or draw, to maintain fairness between the parties.