Obstruction Of Evidence In Products Infringement Litigation

In the modern economic environment with the pattern of the market economy is moreand more mature and norms, most of the products in free circulation in the market, but dueto product defects caused by the tort has said that the key to decide cases evidenceextraction difficulty increases significantly, mutual shuffle phenomenon commonoccurance of liability between the parties. But because our country prove that interfereswith the theory of the concept itself is not clear, for proof in product liability litigationinterferes with the related research is still blank, so in this paper, the product tort litigationprove that hinder inquiry has important theory value and practical significance.The content of the thesis intends to study the following five parts: the first part is theintroduction. Main write a paper’s research background and significance, literature review,etc. The second chapter for the product infringement proceedings the burden of proofallocation. Is that part of the proposed as below pictures, only paper first understand theburden of proof allocation problem can better understand the product tort litigationinterferes with the behavior of the main body and nature. Chapter two for the product tortlitigation proof block overview. This chapter expounds the concept of product infringementlitigation prove that interfere with the constitutive requirements and classification, and alsoexpounds the different law system countries to prove that interfere with the point of view,and help to better understand the product tort litigation prove that interfere with theconcept of this theory. Chapter four for the product tort litigation prove that hinder theruled out. This part of the combination of theory and practice, provides the theory supportto rule out that interfere with the behavior and the way the feasibility. Chapter five for ourcountry system of product tort litigation prove that interfere with the build. This part as thelast chapter, this paper summarizes the full text, put forward the our country system ofproduct tort litigation prove that interfere with the building, in order to solve the productprovide theoretical basis for proof of infringement litigation interferes with behavior.