民事举证责任倒置浅析Analysis of civil burden of proof upside downWord文件下载.docx

1、 and the burden of proofInversion. Since the former is the main principle, both theorists and practitioners attach great importance to it. The latter is complementaryPrinciple, its importance is not enough. In fact, we should strengthen the study of the principle of inversion of burden of proofTheor

2、y is practical in both theory and practice. This paper tries to do some superficial research on the following questions,With a view to attracting.First, the definition of the burden of proof inversionWhat is the inversion of burden of proof? In the eyes of many people, this is a self-evident, no nee

3、d to explore the questionIt is rarely defined. There are few definitions that can be seen at the momentOr that boring question. The definition of the burden of proof can be broadly divided into two categories. One category will bear the burden of proofDefined as: the plaintiffs infringement facts, t

4、he defendant denied the burden borne by the defendant. 1This kind of definition limits the burden of proof inversion in the tort lawsuit, tentatively called infringement upside down theory. Another kindThe inversion of the burden of proof is defined as:the claims made by the plaintiff are not provid

5、ed by the evidence.Bear the burden of proof. 2, this kind of definition no longer limits the burden of proof in the infringement lawsuit, therefore tentatively saidIt is generally inverted.The reverse theory of tort limits the inversion of burden of proof in tort litigation, which is related to the

6、provisions of substantive law in our country.Chinas general principles of civil law stipulates that the burden of proof should be reversed in some special torts. But is that right?Does that mean that the burden of proof is useless in this area? Not really. According to scholarsResearch, in some fore

7、ign countries, some non infringement occasions, such as prejudice to the other side of the burden of proof, there will be burden of proof inversionSituation. 3, therefore, the definition of tort upside down has made a narrow definition of logical error. Say upside downThe above-mentioned mistake of

8、has been taken, and the burden of proof inversion is no longer confined in the field of infringementStep. But the tort inverted says another error exists in the pan was inverted over that for lianguoduan said,The inversion of the burden of evidence limits the defendants claim between the original de

9、fendant and the defendant, and the defendant denies the evidence. Inversion of burden of proofIt does happen between the original defendants, but not limited to them. In the case of third people participating in the proceedings, will also beCase of inversion of burden of proof. For example, a and B

10、infringe upon the manufacture method and invention patent of this product, at this timeA B is the plaintiff, defendant, according to law, this should only on the burden of proof, B should bear forProof responsibility. In the process of the lawsuit, the product patent of the dispute between Party A a

11、nd B. B. is his own specialtyLi, therefore, has initiated an action in the capacity of third people who have the right to claim independenceThe burden of proof is reversed by the burden of proof. At this point, the burden of proof inversion is no longer only existBetween the original defendant and t

12、he defendant, there are also third people who have the right of independent claim. In addition, liftThe liability of a witness includes both the act liability and the result liability, wherein the action liability is transferred back and forth between the partiesThat is, inverted, not inverted, fact

13、ors, upside down can only be the result of responsibility. To sum up, the author thinks that.The inversion of burden of proof is defined as: in a civil lawsuit, the partys claim to it is true in the caseWhen the suspect is unknown, he does not have to bear the responsibility for the result, while th

14、e other party bears the responsibility for the result.The object of inversion of the burden of proof is that the party does not bear the responsibility for the result instead of the otherThe fact that the party bears the responsibility and the truth is unknown. Concretely speaking, what is the matter in actual litigation?The burden of proof can be reversed. Clear up the problem and discuss the burden of proof behind usThe scope of application is great.The inversion of burden of proof often occurs in the field of special tort. Special tort is especially manifested in the following aspects