The Disquisition Of The Litigation’s Proof Of Product’s Defect

Product’s defect is to show the product exists the unreasonable danger tojeopardizes other people’s personal safety or property，and Product li-a-bilityis a special tort liability that producers or distributors should bear for the produ-ct which they product or sale is defective and jeopardizes other people’s pers-onal safety or property。So in the Product liability litigation，the Plaintiff m-ust prove the product exists defect if he want win the lawsuit for aski-ng theDefendant bear Product liability. But product defect as a element fact in Subs-tantive law have itself feature,and not easy to prove.so the product Whetherexits the defect or not often been to The focus of controversy between the par-ties in the Product liability litigation.The civil litigation system of certification is a system that the parties incivil litigation should cllect and use evidences to prove fact in case is ture inaccordance with legal procedures in the statutory time limit. The system of ce-rtification of civil litigation is made up of two parts which proof subject syste-m and proof logical system. the theory about civil litigation system of certifi-cation cover the next five theoretics proof subject, object of proof, tool ofproof, method of proof, the test of proof, burden of proof.This article use theory of product defect and theory of civil litigation pro-of system. Discussing how to arrange civil litigation proof system in processof proof of product defect. This article is divided four parts except foreword:1、the summarization about the theory of product defect and the theory ofcivil litigation proof system. This part analyze the definition of product defect,the judgement test of product defect, the definition of the system of certifi-cation of civil litigation.this part’s purpose is make the theory base for the ne-xt parts discussion.2、the peculiarity of the prove of product defect and the proof subject sy-stem. Firstly, this part analyze the peculiarity of the prove about product defect,and then according to the theory of proof subject system, analyze the proofsubject syetem about product defect,and point that the the proof subject syetem about product defect cover the prove sbuject that parties and the appraiser ofprove that judge. And analyze each sbuject’s function and ability.3、the proof logical system about product system. This part is divided intofour parts.the first part analyze the object of proof of the proof of product d-efect.and point that the object of proof of the proof of product defect is "theproduct’s capability don’t tally with the demand of product security in product’s defect judge standard". The second part according to the dialectical relationbetween the tool of proof and the method of proof, and divide the method ofproof into direct probative method and indirect probative method.,and then di-scuss how to use each probative method. The third part analyze which standar-d of proof should be adopted in the proof of product’s defect. The fourth partdiscuss how to deploy the burden of proof in the proof of product’s defect,and analyze the use of4、ameliorating the proof of product’s defect in our country. This part baseon the aforementioned discussion,discuss how to ameliorating the proof of p-roduct’s defect on object of proof, tool of proof, method of proof, the testof proof, burden of proof in our country,and bring forward author’s advice.