The scope of application of the inversion of burden of proof is: tort litigation caused by environmental pollution; Infringement litigation in which unqualified products cause damage to people. A lawsuit that is difficult to collect evidence and proof. Litigation in which the other party obstructs evidence. The inversion of burden of proof refers to the objective burden of proof that should be assigned to one party according to the general rules of burden of proof distribution, and can be transferred to the other party through clear legal provisions.
How to Apply Consumer Protection Law
1. Social relations generated when consumers engage in daily consumption activities;
2. Consumers should enjoy the right to buy goods;
3. Consumers should enjoy the right to use commodities;
4. The rights and interests that consumers should enjoy when receiving services.
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Legal basis: Article 1 165 of the Civil Code. If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability. Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail. Article 174 If the victim intentionally causes damage, the actor shall not be liable.