1. In litigation, which situations require the defendant to bear the burden of proof?
1, patent infringement litigation caused by product manufacturing methods and invention patents;
2. Tort litigation for damages caused by highly dangerous operations;
3. Litigation for damages caused by environmental pollution;
4, buildings or other facilities and buildings on the shelf, hanging objects collapse, fall off, fall damage tort litigation;
5. Tort lawsuit for damage caused by raising animals;
Two, a lawsuit, the parties do not need to give evidence of several situations?
1. One party clearly acknowledges the facts of the case and the claim made by the other party;
2. Well-known facts and natural laws and theorems;
3. Other facts that can be inferred according to legal provisions or known facts;
4. The fact that the people's court has made a legally effective judgment;
5. Facts proved by valid notarial documents.
3. When a lawsuit is filed, what are the elements of the lawsuit?
1, the court must participate. The court is the judicial organ of the country and exercises judicial power. Disputes decided by organs, organizations or individuals outside the court are not litigation and have no legal effect. Usually without the participation of the court, it does not constitute a lawsuit. Although some criminal cases don't go to court, they all end up in the procuratorate. This situation is not a complete litigation process, but an early termination of litigation when certain conditions are met.
Both plaintiff and defendant should be present. It is impossible for the court to file a case for trial only when there is a complaint from the parties without the defendant, or only when there is a defendant without the defendant, so it does not constitute a lawsuit.
There must be problems that need to be solved through litigation. This is legally called litigation request, that is, the request made by the plaintiff when suing. For example, when a procuratorial organ brings a public prosecution, it must make a request to the court for conviction and sentencing of the defendant. In civil cases, the plaintiff will also make a request to the court to order the defendant to return the property or compensate for the losses. Without the right of claim, the lawsuit cannot be constituted and has no practical significance.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 150 In any of the following circumstances, the lawsuit shall be suspended:
(a) one of the parties dies and needs to wait for the heir to indicate whether to participate in the proceedings;
(2) One party has lost the capacity for litigation and has not yet determined his legal representative;
(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined; (4) One party is unable to participate in the litigation due to irresistible reasons; (five) the case must be based on the trial result of another case, and the other case has not yet been concluded; (6) Other circumstances in which litigation should be suspended. After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.