In these cases, the defendant bears the burden of proof, that is, he needs to prove that his behavior is not at fault, or that there is no causal relationship between his behavior and the damage result.
I. Cases of medical disputes
In medical dispute cases, because patients are often in a weak position, it is difficult to obtain all the information in the medical process, so the principle of evidence inversion is applied. This means that medical institutions need to bear the burden of proof to prove that their medical actions are not at fault or have no causal relationship with the patient's damage results. These regulations help to protect the legitimate rights and interests of patients and promote the standardized development of the medical industry.
Second, environmental pollution infringement cases
In environmental pollution infringement cases, polluters often have more information and resources, but it is difficult for the infringed to prove the causal relationship between pollution behavior and damage results. Therefore, the principle of inversion of burden of proof is also applicable to such cases. Polluters need to bear the burden of proof to prove that their actions have not caused environmental pollution or that there is no causal relationship between pollution behavior and damage results.
Three, buildings and other damage cases
When buildings or other facilities, as well as shelving and hanging objects on buildings collapse, fall off or cause injuries to people, it is often difficult for victims to obtain all the information of the accident, and the principle of evidence inversion is also applicable. In this case, the owner or manager of the building needs to bear the burden of proof to prove that he is not at fault for the accident or that there is no causal relationship between the accident and the damage result.
To sum up:
The principle of inversion of burden of proof is mainly applicable to cases of medical disputes, environmental pollution infringement, buildings or other facilities and buildings being shelved, hanging objects collapsing, falling off and falling, which cause damage to people. In these cases, the defendant bears the burden of proof, which helps to protect the legitimate rights and interests of vulnerable groups and promote the standardized development of related industries.
Legal basis:
Tort Liability Law of People's Republic of China (PRC)
Article 68 provides that:
If environmental pollution is caused by the fault of a third party, the infringed may claim compensation from the polluter or the third party. After compensation, the polluter has the right to claim compensation from a third party.
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 4 provides that:
The following tort litigation shall bear the burden of proof in accordance with the following provisions:
(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof 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 for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;
(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;
(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) For infringement litigation caused by defective products, the producer of the product shall bear the burden of proof for the exemption provided 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;
(eight) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.
People's Republic of China (PRC) Civil Procedure Law
Article 67 provides that:
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.