Any party to a civil lawsuit must bear the burden of proof, but there are exceptions. For example, in cases of medical malpractice and environmental pollution, the defendant bears the burden of proof.
This is called the reversal of the burden of proof, which means that in infringement litigation cases directly stipulated by law, the infringer is responsible for providing evidence to prove that there is no causal relationship between the damage results or that the victim is at fault or a third party If you are at fault, you bear the burden of proof.
Article 3 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" The people's court shall explain to the parties the requirements for producing evidence and the legal consequences, and encourage the parties to complete the evidence actively, comprehensively, correctly and honestly within a reasonable period of time. Give evidence.
If the parties cannot collect evidence on their own due to objective reasons, they may apply to the People's Court for investigation and collection.
Article 4: For the following infringement lawsuits, the burden of proof shall be borne in accordance with the following provisions:
(1) For patent infringement lawsuits arising from invention patents for new product manufacturing methods, the unit that manufactures the same product shall Or an individual bears the burden of proof that the manufacturing method of his product is different from the patented method;
(2) In an infringement lawsuit involving damage caused by highly dangerous operations, the infringer shall bear the burden of proof for the fact that the victim intentionally caused damage;
(3) In a lawsuit for damages caused by environmental pollution, the infringer shall bear the burden of proof for the reasons for exemption stipulated in the law and the absence of a causal relationship between his behavior and the damage results;
(4) If a building or other facility, or an object placed or suspended on a building collapses, falls off, or falls, causing damage to a person, the owner or manager shall bear the burden of proof that the owner or manager is not at fault;
(5) In a tort lawsuit involving harm caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or a third party is at fault;
(6) Due to defective products In a tort lawsuit that causes personal injury, the producer of the product shall bear the burden of proof for the exemption reasons stipulated by law; The person shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;
(8) In a tort lawsuit caused by medical behavior, the medical institution shall prove that there is no causal relationship between the medical behavior and the damage result. The burden of proof is on the relationship and the absence of medical negligence.