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The Distribution Of Burden Of Proof Of China’s Copyright Infringement Litigation Problems

Posted on:2016-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y JuFull Text:PDF
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Wang Yao and he yumin about copyright infringement case which lasted long and a complicated case caused widespread concern. of people. After the first trial in this case has the second trial, the parties brought to the Supreme Court refused to accept the retrial and it will be arraign by the Supreme People’s Court. The reason this happens is because the parties to the facts of the case a dispute arises, that is the case in the case of the main facts in the authenticity of the unknown, how the courts verdict, this will involve the distribution of the burden of proof issue. The burden of proof allocation is in accordance with certain criteria, the facts in the authenticity of unknown risk allocation between the plaintiff and defendant, so that the burden of some of the risks their authenticity is unknown. Wang Yao and He yumin about the allocation of the burden of proof of copyright infringement reflects the issues of infringement proceedings allocation of the burden of proof of copyright and copyright has its own characteristics in providing proof, through the copyright infringement lawsuit in the allocation of the burden of proof analysis, we can learn more about our judicial practice, therefore, this article will be the case for the study, through the analysis of the case reveals the situation of China’s responsibility and make recommendations for its improvement.This paper is divided into four parts, the first section details Wang Yao and He Yumin about the copyright infringement cases in the basic situation and the court’s decision. The second part will introduction the proof of the object involved in the case as well as sharing the burden of proof. The third part will analyzes how to allocate the case to prove both sides between the parties responsibility by the burden of proof of the existing theories and rules. The fourth part will analyzes the prove inadequate allocation of responsibilities and make recommendations to improve.Our copyright infringement lawsuit in the allocation of the burden of proof also follows the general principles of the Civil burden of proof, but because the copyright has its own unique characteristics, when copyright will be demonstrated there are some differences, therefore author assigned the responsibility to prove copyright infringement lawsuit for entrance and the author will propose some suggestions about the allocation of the burden of proof in civil proceedings Problems. So that the burden of proof in our distribution system will be usefull and safeguard the legitimate rights and interests of the parties, so that realize the judicial impartiality.
Keywords/Search Tags:the Wang Yao and He Yumin case, Copyright infringementsuit, The burden of proof, The distribution of burden of proof
PDF Full Text Request
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