民事举证责任倒置浅析（Analysis of civil burden of proof upside down）.doc

民事举证责任倒置浅析（Analysis of civil burden of proof upside down） Analysis of civil burden of proof upside down The burden of proof is the core of civil procedure. The sharing of the burden of proof is the core of the burden of proof Question. At present, the two principles of sharing the burden of proof are who advocates, who gives proof and the burden of proof Inversion. Since the former is the main principle, both theorists and practitioners attach great importance to it. The latter is complementary Principle, its importance is not enough. In fact, we should strengthen the study of the principle of inversion of burden of proof Theory is practical in both theory and practice. This paper tries to do some superficial research on the following questions, With a view to attracting. First, the definition of the burden of proof inversion What is the inversion of burden of proof? In the eyes of many people, this is a self-evident, no need to explore the question It is rarely defined. There are few definitions that can be seen at the moment Or that boring question. The definition of the burden of proof can be broadly divided into two categories. One category will bear the burden of proof Defined as: the plaintiffs infringement facts, the defendant denied the burden borne by the defendant.. 1 This kind of definition limits the burden of proof inversion in the tort lawsuit, tentatively called infringement upside down theory. Another kind The inversion of the burden of proof is defined as: the claims made by the plaintiff are not provided by the evidence. Bear the burden of proof. 2, this kind of definition no longer limits the burden of proof in the infringement lawsuit, therefore tentatively said It is generally inverted. The reverse theory of tort limits the inversion of burden of proof in tort litigation, which is related to the provisions of substantive law in our country. Chinas general principles of civil law stipulates that the burden of proof should be reversed in some spec