Eight cases of inversion of burden of proof

1. What are the eight situations in which the burden of proof is reversed?

1, eight cases of inversion of burden of proof are as follows:

(1) Infringement lawsuit for damage caused by falling of buildings or other facilities and objects placed on buildings;

(2) patent infringement litigation caused by the invention patent of the new product manufacturing method;

(3) Disputes arising from environmental pollution;

(4) Tort litigation that causes damage to others due to the same dangerous behavior;

(5) Infringement litigation for damage caused by defective products;

(6) Infringement litigation for damages caused by highly dangerous operations;

(7) Tort litigation caused by medical behavior;

(8) Tort litigation for damage caused by raising animals.

2. Legal basis: Article 3 of Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings.

In the course of litigation, if one party states unfavorable facts or explicitly admits unfavorable facts, the other party need not give evidence.

In the process of evidence exchange, inquiry and investigation, or in written materials such as complaint, defense and proxy, if the parties explicitly admit the facts that are unfavorable to them, the provisions of the preceding paragraph shall apply.

2. What are the burdens of the burden of proof?

1, the party making the claim or the party called the active claim does not bear the burden of proof for some reason;

2. In the inversion of burden of proof, the other party should bear the burden of proof for the existence or non-existence of a certain reason;

3. When the burden of proof is reversed, the defendant should bear the responsibility of proving the existence or non-existence of a certain fact. If it cannot be proved, it shall bear the consequences of losing the case;

4. When the burden of proof is reversed, the plaintiff who initiated the lawsuit should also bear the burden of proof for the existence of some facts.