1, the three principles of legal proof are as follows:
(1) Civil litigation follows the principle of who advocates and who gives evidence;
(2) The principle of presumption of innocence in criminal proceedings;
(3) The principle of inversion of burden of proof is implemented in administrative litigation, that is, the accused administrative unit bears the burden of proof.
2. Legal basis: Article 64 of People's Republic of China (PRC) Civil Procedure Law.
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. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 51 of the Criminal Procedure Law of People's Republic of China (PRC)
The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.
2. What is the principle of inversion of burden of proof?
The principle of inversion of burden of proof includes the following aspects:
1, patent infringement lawsuit caused by product manufacturing method invention patent. China's patent law stipulates: "When an infringement dispute occurs, the invention patent is the manufacturing method of a new product, and the unit or individual that manufactures the same product shall provide proof of its manufacturing method." If the defendant can't prove that the manufacturing method of his product is different from the patent, it is presumed that his behavior is infringement and he should bear the result of losing the case;
2. Tort litigation for damages caused by highly dangerous operations. China's law stipulates: "Engaged in high altitude, high pressure, inflammable, explosive, toxic, radioactive and high speed.
If transportation and other operations that are highly dangerous to the surrounding environment cause damage to others, they shall bear civil liability. If it can be proved that the damage was intentionally caused by the victim, it will not bear civil liability. "But the burden of proof can only be borne by the defendant;
Those who violate the state regulations on environmental protection and pollution prevention and control and pollute the environment and cause damage to others shall bear civil liability according to law. Any unit that causes the above-mentioned environmental pollution and causes personal and property damage to others shall bear civil liability according to law, which is also a liability without fault. However, the defendant can prove that the environmental pollution damage is caused by force majeure or the intentional or negligent behavior of the victim himself or a third party, and may not be liable.
4. Infringement litigation of personal injury caused by buildings or other facilities, as well as shelving, hanging objects collapsing and falling off on buildings. If damage is caused by the above reasons, the owner or manager shall bear civil liability, but if there is evidence to prove that he is not at fault, he may be exempted from liability;
5. Tort lawsuit for damage caused by raising animals. If the raised animals cause damage to others, the animal keeper or manager shall bear civil liability = if the damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability = if the damage is caused by the fault of a third person, the third person shall bear civil liability;
6. Other circumstances in which the defendant bears the burden of proof according to relevant laws.