confession and avoidance

简明释义

既承认所控事实但又举出相反事实说明其在法律上无效

英英释义

例句

1.The company's public statement was filled with confession and avoidance, acknowledging a data breach but downplaying its impact.

该公司的公开声明充满了承认与回避，承认了数据泄露，但淡化了其影响。

2.The politician's response was a classic case of confession and avoidance, where he admitted to a minor error but avoided addressing the main issue.

这位政治家的回应是承认与回避的经典案例，他承认了一个小错误，但避免了讨论主要问题。

3.In a legal dispute, the defendant's strategy was based on confession and avoidance, admitting to the act but arguing it was justified.

在法律争议中，被告的策略基于承认与回避，承认了行为但辩称这是合理的。

4.During the negotiation, she used confession and avoidance to acknowledge her mistakes while redirecting the focus to future solutions.

在谈判中，她使用了承认与回避，承认了自己的错误，同时将焦点转向未来的解决方案。

5.In therapy, the patient practiced confession and avoidance by admitting their fears but quickly shifting the conversation to positive experiences.

在治疗中，患者通过承认他们的恐惧而实践承认与回避，但很快将谈话转向积极的经历。

作文

In the realm of law and legal proceedings, the term confession and avoidance refers to a specific type of pleading strategy used by defendants. This legal doctrine allows a defendant to admit to certain facts that the plaintiff has alleged but simultaneously provides a defense that negates the legal consequences of those facts. Understanding this concept is crucial for anyone studying law or involved in legal disputes, as it highlights the complexities of how defenses can be structured in response to allegations.To illustrate, consider a scenario where an individual is sued for breach of contract. The defendant may acknowledge that a contract existed and that they failed to perform their obligations. However, through confession and avoidance (即“承认与回避”这一法律策略), the defendant could argue that the contract was void due to factors such as misrepresentation or duress at the time it was signed. By doing so, the defendant effectively admits to the breach while simultaneously providing a legitimate reason why they should not be held liable.The primary purpose of confession and avoidance is to allow defendants to navigate the legal landscape more effectively. It enables them to confront the allegations head-on without conceding defeat. This strategy not only serves to clarify the issues at hand but also assists the court in understanding the broader context of the dispute. In many cases, it can lead to settlements or favorable rulings, as the judge or jury may find the defendant's reasoning compelling.Moreover, the application of confession and avoidance is not limited to civil cases; it can also be observed in criminal law. For example, a defendant might confess to committing a crime but argue that they acted in self-defense or under extreme emotional distress. Here, the confession acknowledges the act, while the avoidance part seeks to mitigate the defendant's culpability. This dual approach can significantly impact the outcome of a trial, as it introduces nuances that jurors must consider.In addition to its practical implications, confession and avoidance raises important philosophical questions about accountability and justice. Should a person be held fully responsible for their actions if they can demonstrate that external factors influenced their behavior? This question is particularly pertinent in cases involving mental health issues or coercive circumstances. The legal system often grapples with these dilemmas, striving to balance the need for accountability with compassion and understanding of human behavior.Furthermore, the strategic use of confession and avoidance requires a deep understanding of both the law and the specific circumstances surrounding a case. Legal practitioners must carefully analyze the facts, identify potential defenses, and articulate them in a manner that resonates with the court. This complexity underscores the importance of skilled legal representation in navigating disputes effectively.In conclusion, the concept of confession and avoidance (承认与回避) serves as a vital tool within the legal framework, allowing defendants to acknowledge certain truths while simultaneously defending against liability. Its application spans various legal contexts, from civil litigation to criminal defense, illustrating the multifaceted nature of justice. As society continues to evolve, so too will the interpretations and applications of this doctrine, making it an essential area of study for future legal professionals.