On The Law Of Demonstrating Responsibility Distribution In Product Quality Disputes

The distribution of the burden of proof in the product quality dispute determines the success or failure of the litigation.As we all know,"proof of responsibility is the backbone of civil litigation system." The responsibility of proof and its distribution is one of the key problems in product quality disputes,which plays a decisive role in the protection of interests of both parties.Of course,this issue affects many theories,legislation,judicial issues,how to effectively protect consumers Personal and property interests,the economic interests of producers and sellers,so that the interests of the three balance,for the promotion of social harmony,stability and development are particularly important.At present,domestic and foreign research on the distribution of burden of proof in product quality dispute is not thorough.Even though the discussion of product liability and burden of proof is intense,most of them have not studied the combination of entity and procedure.Therefore,There are many misunderstandings in the rules of burden of proof,and there are many shortcomings in legislation.This article in the content system,including the following five chapters:In the first chapter,we first analyze the differences between the two different cases in the specific application of the burden of proof,and put some column questions on the differences.The analysis reveals the substantive theoretical basis behind it.The second chapter expounds the principle of the distribution of the burden of proof in our civil action.China's 2015 "Civil Procedure Law Interpretation" Article90,Article 91 for the burden of proof and its distribution rules,so that China's theoretical circles in the issue of deepening,clear,but there are still shortcomings.In this chapter,the author in the affirmation of the provisions at the same time,but also to make a comprehensive analysis of its deficiencies in order to be improved.In the third chapter,some misunderstandings on the distribution of responsibility in the product quality dispute are analyzed and demonstrated.First of all,productquality disputes include product defect disputes and product defects infringement disputes,two different types of product quality disputes apply different proof of responsibility distribution rules,so the difference is due to the applicable substantive legal norms,but not "who advocates,Who proves "."Who advocates,who provokes" this convention and long-term rooted in the principles of the distribution of the burden of proof of many legal workers has lost its applicable value.Secondly,in the case of product defect infringement disputes,the theoretical circles have always regarded the distribution of the burden of proof in such cases as "the burden of proof",and in fact "the burden of proof" is fundamentally a false proposition.Finally,in civil proceedings,"burden of proof" and "responsibility to provide evidence" are often confusing in practice,so that in the specific practice of the parties to the burden of proof when the distribution of unfair and then lead to the wrong case.Through detailed analysis of this chapter,the above issues are clarified and clarified.In the fourth chapter,the author points out that the theoretical position of the theoretical circles in our country is not clear on the theoretical basis of the distribution of burden of proof,while recognizing that the domestic scholars have made great progress in the research on the system of proof and responsibility.The promulgation and implementation of the new "Civil Procedure Law Interpretation" in 2015 makes the problem further clarified.This chapter discusses the value and significance of "normative theory" on the basis of comparative analysis of various theories outside the field,so as to clearly prove the distribution of responsibilities The specific method,that is,from the substantive legal norms as the starting point,return to the specific classification of legal norms,and its product quality disputes as a perspective,this specific method of universal,general law.In the fifth chapter,the author analyzes the rules of liability distribution in the dispute of product quality in our country,analyzes the shortcomings of the specific legal norms,the unreasonable cause of exemption,the lack of the burden of proof,and the "" There are many drawbacks,and the above analysis of a comprehensive analysis of the substantive,with the feasibility of the proposed recommendations.