On The Distribution Of Burden Of Proof For The Infringement Of Thrown From The High-rise Buildings

For the current society appears more and more high-rise thrown objects infringement cases, how the rights of victims, most of the "innocent" defendant's rights and interests, as well as the social impact of these three proceed, fair and equitable distribution of burden of proof?This is not an easy answer to the question can be derived.Based on this, this article will be divided into four sections discuss the issue.The first part of the first set out the high-rise buildings thrown objects and features of the concept of infringement litigation is aimed at better defining the high-rise buildings to explore in this paper thrown object connotation and extension of tort litigation.Then thrown by high-rise complex tort litigation and has some similar characteristics with its some of the special tort compared to further clarify high-rise complex tort litigation can not be applied throw some other special tort rules on the allocation of the burden of proof.The second part focuses on a proof of liability tort theory of distribution.First introduces the basic meaning of burden of proof and the burden of proof in tort for the importance of, and then highlights the burden of proof theory of distribution.In this part of the discourse, the author used a comparative study of the main methods of introducing the basic meaning of burden of proof and proof theory of the allocation of responsibilities when they were from foreign and domestic-related research and development of the theory of comparative point of view of a presentation.The main purpose is to do the following discussion of the two parts of the theoretical groundwork.With the first part of the conceptual groundwork and the second part of the theoretical groundwork, the third part of the main objects of our high-rise thrown infringement lawsuit that the allocation of responsibilities reflection.This cut into the reflection carried out in two ways: one is practical proof of the case in this regard the allocation of responsibilities to reflect the specific approach is the analysis of typical cases, come to practice, the courts in dealing with such cases will prove to be the responsibility assigned to the largeMost of the "innocent" defendant is simply untenable, and it will bring a lot of adverse effects; the other hand, reflection from the legislative intent, which is mainly directed against "infringement Draft Law" Article 83 of the tower thrown objects tortprove that the provisions of the allocation of responsibilities, analysis pointed out the existence of which provides a number of legal issues and social problems.These two aspects of reflection analysis demonstrated thrown in the high-rise complex tort litigation is not appropriate to allocate the burden of proof to the defendant, but by the plaintiff.In the third part of the reflection, based on the fourth part of the high-rise building a fair and reasonable thrown objects tort rules on the allocation of the burden of proof there will be a necessity and feasibility.To build a fair and reasonable in our high-rise buildings that throw things tort liability allocation rules, it is necessary to accelerate the improvement of Chinese basic principle that the allocation of responsibilities to avoid ambiguity at this stage to prove an abstract fundamental principles of the allocation of responsibilities negatively affect the proof of such casesthe distribution of responsibilities; Second, judicial interpretation is to clearly prove that such proceedings should be the responsibility of the applicable rules on the allocation that the plaintiff bear the burden of proof.Finally, the plaintiff bear the burden of proof in the case, how to protect the rights of the plaintiff, this article also briefly describes the relief of other ways.