论文部分内容阅读
随着社会的发展,网络银行日渐盛行,但由于适用不当、系统缺陷、网络风险等多种原因,网银产生的纠纷和诉讼也越来越多。司法实践中,由于在诉讼时法官适用不同的举证责任而导致此类案件的判决结果不尽相同。本文从举证责任倒置的定义、网银诉讼适用举证责任倒置的法理、法律依据方面,对此类案件应适用举证责任倒置做出了论证,并对举证责任倒置后的相关问题进行了分析。
With the development of society, online banking is increasingly prevalent. However, due to improper application, system defects, network risks and other reasons, there are more and more disputes and lawsuits arising from online banking. In judicial practice, the outcome of judgments in such cases is not the same due to the different burden of proof applied by the judges during the proceedings. This article from the definition of the burden of proof inversion, the legal basis and the legal basis of the reversal of the burden of proof for the application of online banking litigation, makes an argument on the inversion of the burden of proof for such cases, and analyzes the related problems after the burden of proof is upside down.