Article 123 of my country's "General Principles of Civil Law" stipulates: "Engaging in high-altitude, high-pressure, flammable, explosive, highly toxic, radioactive, high-speed transportation and other operations that are highly dangerous to the surrounding environment and causing damage to others , shall bear civil liability; if it can be proved that the damage was caused intentionally by the victim, no civil liability shall be borne. ”
Consisting elements:
1. Refers to in tort litigation cases. .
2. Not all infringement cases adopt a reversal of the burden of proof. The law directly stipulates 8 situations.
3. The infringer is responsible for providing evidence.
4. The purpose of the infringer's evidence is to prove that there is no causal relationship with the damage result or that the victim is at fault or the third party is at fault.
5. If no evidence is provided, or the results of the production of evidence cannot prove that there is a causal relationship between the damage results or that the victim is not at fault or the third party is not at fault, he shall bear legal liability.
Extended information
Applicable situations:
(1) Infringement litigation with a presumption of fault. Such as tort lawsuits involving buildings or other facilities, as well as objects placed on buildings, or suspended objects that collapse, fall off, or fall causing damage to persons; lawsuits filed due to medical disputes.
(2) Infringement litigation based on the presumption of causation. Such as tort litigation for damage caused by environmental pollution; tort litigation for damage caused by unqualified product quality.
(3) Litigation in which it is difficult to collect evidence and prove. For example, patent infringement lawsuits arising from product manufacturing method invention patents, and infringement lawsuits caused by dangerous behaviors causing personal injury.
(4) The other party obstructs the production of evidence.