What is the burden of proof? How does China allocate the burden of proof?

The burden of proof means that litigants prove their facts by presenting evidence, so as to avoid the adverse consequences of litigation because the facts to be proved are unknown. When the facts of the case on which the judgment is based are unclear, one party must bear the adverse consequences, so who should bear the consequences? This is the problem to be solved in the distribution of burden of proof.

Article 4 of the Provisions on Evidence in Civil Litigation adopted by the Supreme People's Court stipulates that the burden of proof should be reversed in tort litigation, that is, the following tort litigation should bear the burden of proof in accordance with the following provisions:?

1. In the case of a patent infringement lawsuit caused by the invention patent of a new product manufacturing method, the unit or individual that manufactures similar products shall be responsible for the fact that its product manufacturing method is different from the patented method. ?

2. In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage. ?

3. In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof on the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result. ?

4. If the building or other facilities and the shelving and hanging objects on the building collapse, fall off or cause damage, the owner or manager shall bear the burden of proof. ?

5. In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault. ?

6. In the tort litigation of personal injury caused by defective products, the producer of the products shall bear the burden of proof for the exemption stipulated by law. ?

7. In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result. ?

8, medical behavior caused by tort litigation, medical institutions for medical behavior and damage results there is no causal relationship and there is no medical fault bear the burden of proof. ?

Extended data

Classification of burden of proof:

(1) Burden of proof: Burden of proof refers to the burden of proving that White made a claim during the court hearing. If you can't produce evidence or produce evidence but can't meet the requirements stipulated by law, you will bear the consequences that your claim cannot be established. The burden of proof lies in:

1. In a public prosecution case, the public prosecutor bears the burden of proof;

2. In a case of private prosecution, the private prosecutor shall bear the burden of proof;

Unless otherwise provided by law, the defendant does not bear the burden of proof.

(2) Burden of proof: Burden of proof refers to the burden of proof that the public security and judicial organs and their judicial staff should bear in criminal proceedings based on the requirements of the state for their duties.

In criminal proceedings, the burden of proof is different according to the nature of the case. Generally, the prosecution gives evidence, but under special circumstances, such as the crime of huge property of unknown origin, the burden of proof is reversed, and the defendant bears the burden of proof.