Analysis Of The Typology Of Civil Burden Of Proof In Cases Involving Infringement Of Objects Dropped From High Place

The issue of throwing or falling off objects has always been a hot issue of social concern and a hot issue of academic discussion.From the existing research,the scholars in China have been focused on the discussion of the nature of liability from the perspective of substantive law,based on the attribution of responsibility in substantive law,and the theoretical analysis of the burden of proof.This paper focuses on analyzing the types of the throwing or falling off objects cases from the perspective of civil burden of proof in procedural law,which is divided into six chapters,the main contents of which are summarized as follows:Firstly,it is the introduction,which describes the background,significance,current status and methods of this paper.This is the meaning of the selected topic.Meanwhile,the analysis of the current state of this research helps summarize what problems have existed,what kind of consensus has been reached,what kind of doubts remain to be discussed,and whether there is a vacuum area in the current academic discussion or not.The first chapter starts from the Ashtray case in Chongqing to pave the way for the question.Combined with the typical cases in recent years,this paper discusses the practical problems existing in the cases and the problems existing in the division of burden of proof.From three aspects of system,operation and academic theory,chapter two carries out theoretical analysis on the case of throwing objects from a building and falling off objects from a building and its burden of proof.This paper discusses the rationality and necessity of reclassifying case types,and provides a theoretical basis for the classification of throwing objects from a building and falling off objects from a building.Chapter three is a detailed division of the cases of throwing objects from a building and falling off objects from a building step by step.From large to small to classify the type.For the case of throwing objects from a building,the basis and types of division are discussed from the provisions of substantive law.For the case of falling off objects from a building,starting from the judicial practice cases,this paper expounds the similarities between different cases,which is used as the basis for discussion and classification of cases.Chapter four is based on the rules of tort liability and the logic of burden of proof configuration.According to the different configuration logic of burden of proof,the burden of proof is divided into four types,which are applicable to different types of cases generated in practice.The last is a conclusion.In this part,we summarize this paper and suggest possible directions for the next research.The relevant regulations on burden of proof in China or other places are summarized and outlined,and the system of burden of proof in China’s judicial practice is summarized and summarized.