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Allocation Of The Burden Of Proof In Infringement Litigation

Posted on:2009-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:J D WangFull Text:PDF
GTID:2206360272455963Subject:Procedural Law
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This thesis is about distribution of burden of proof in tort lawsuits. In this paper, the classification theory of legal requirements is approved. At the same time, inversion of burden of proof is also necessary on some special occasions. In the society, there are lots of tort behaviors which cause various tort lawsuits. In the various tort lawsuits, it is a difficulty but meaningful problem that how to distribute burden of proof basing on knowing the specialities of the tort behaviors and the corresponding punishments. The essential facts to be proved usually contain: the illegal behavior, the damage, the cause-and-effect relationship between the illegal behavior and the damage, and the subjective fault. This thesis has three chapters. In Chapter One, tort and burden of proof are explained, especially about classification of tort behaviors, the principles on tort punishment, the requirements of tort punishment, the concept of burden of proof, distribution of burden of proof, and inversion of burden of proof. This chapter is the base of the following chapters. Chapter Two is about distribution of burden of proof in ordinary tort lawsuits. In addition to the common occasion, several important special occasions which are often met in judicial practice are also related to. Chapter Three is about distribution of burden of proof in special tort lawsuits. There are eight kinds of special tort behaviors which are defined in our country's General Rules of Civil Law. How to distribute burden of proof in the corresponding special tort lawsuits is talked in this chapter.
Keywords/Search Tags:tort lawsuits, distribution of burden of proof, essential facts
PDF Full Text Request
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