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Allocation of the burden of proof in infringement litigation

Author: WangJunDong
Tutor: WangGuoZheng
School: Qingdao University
Course: Procedural Law
Keywords: Infringement litigation The Burden of Proof Elements of the fact that
CLC: D925.13
Type: Master's thesis
Year: 2008
Downloads: 160
Quote: 3
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Abstract


This paper discusses the allocation of the burden of proof in the infringement litigation . This paper argues that the legal elements of classification that place the burden of proof allocation problem is worthy of recognition , and at the same time , in certain cases , it is also undeniable proof of the need for responsibility inversion . Types of tort actual social life , caused all kinds of infringement proceedings is diverse . These various circumstances of different cases of infringement , how to take full advantage of the characteristics of the various types of tort and tort liability on the basis of the violations, damage to the facts , the causal relationship between the violations and damage to the facts , subjective fault elements of the fact that the burden of proof as reasonably allocated to the parties , it is a more complex and very worthy of study . This paper is divided into three chapters . The first chapter is an overview of the infringement and the burden of proof and especially for the classification of violations , violations imputation principle , the constituent elements of the Tort Liability and prove the concept of responsibility assigned inverted and made the necessary Note , as discussed later . The second chapter discusses general tort litigation , prove that the problem of the allocation of responsibilities , both ordinary circumstances should be how to allocate the burden of proof in the general tort litigation , and also talked about the common judicial practice several important special case . Chapter contents of the Burden of Proof in the special tort litigation , to our \were discussed .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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