Law Perspective Study Of Burden Of Proof And Compensation In Chen V. Yin

In general tort, the principle of attribution of fault liability is used. Elements of general tort unlawful act, the presence of damage to the facts, violations and the causal link between the damage and the fact that the perpetrator subjective fault. Victims suffer if their lawsuit seeks compensation for the loss, we need to prove that the above four aspects. With the social development of industrialization and increased risk of accidents, continue to adhere to the principle of fault liability would increase the fault of the victim prove that the perpetrator of difficulty, while the perpetrator is also trying to find a variety of no-fault grounds in order to absolve themselves of responsibility. In order to resolve social conflicts, protecting the rights of victims and to achieve social fairness and justice, the principle of no-fault Liability to become an independent responsibility principle was applied in tort law Liability without fault is used in environmental pollution liability and other special infringement. Victims shall bear the burden of proof to prove the fact of action and damages and the other party shall prove the legal exemption and that there is no causation between the action and result.Different responsibility of burden of proof is required in different tort cases, which needs to be carefully analyzed in the aspect of distribution of burden of proof. Any party may assume the liability of law suit if he fails to fulfill his responsibility to give proof for his claims. This paper is divided into three parts with the first part as the introduction and the second and third as the key part. The second part, based on the analysis of the case, thinks that the distribution of burden of proof shall be beneficial for the weak and shall further lessen the burden of proof on the part of the victim. As for the compensation, this paper thinks that it shall include the indirect and mental compensation. The writer, in the third part, put forward several suggestions on the distribution of burden of proof and mental compensation like the simple principle and the principle of presumption and provision of mental compensation in law and quantification system of mental compensation.