Study On The Evidential Burden Of Consumers In The Infringement Lawsuit Of Effective Drugs

Since the 20th century, such as acanthopanax injection, methotrexate and other major drug safety events frequently occurred, which impaired the life and health of citizens, and also aroused social concerns about drug safety and drug regulation. As people’s rights awareness gradually enhancing, the possibility of litigation also increasing, and defective drug infringement cases become the most concentrated form of this kind of dispute. The distribution of the burden of proof is the key to the drug infringement lawsuit, and determines the action of the initiative and the possibility of victory in some degree.From the consumer point of view, this paper discusses the burden of proof of the consumer in the defect drug tort litigation. Focusing on the evidence of the "three" principle, this paper explains the related type of evidence, classification, effectiveness and other rules of evidence, as well as research on the way of obtaining evidence. In order to provide consumers meaningful guidance to put forward more effective evidence in the process of litigation, and fully safeguard their own interests, this paper is designed to help consumers clear their burden of proof and evidence features. This paper is divided into the following six parts:The first part is the introduction. The purpose and significance of the study, the status of the field research and the research methods used in this paper are described in this part.The second part will discusse the burden of proof of the consumer in the defect drug tort litigation. Principle of distribution of the burden of proof in civil litigation and the existing laws and regulations on the burden of proof of the parties in the litigation of defective drugs are sorted out. Through the interpretation and discussion of the regulations, to determine the burden of consumers defective drugs must undertake the tort litigation.The third part will sort out the relevant rules of civil evidence. Focus on the "three principles" of evidence, the related type of evidence, classification, effectiveness and other rules of evidence are sorted out. From the theoretical point of view, study on how to put forward the effective evidence in the dispute of the defective drug tort litigation.The fourth part will summary the way of obtaining evidence. In combination with the actual situation of the defective drug infringement dispute, the way of collecting evidence which consumers may use in judicial practice is summarized.The fifth part will research on the content of the evidence of consumers. Combined with the specific case, it is divided into three parts to analyze how to effectively prove the results of damage, the use of drugs, and the causal relationship of drug defects and damage for consumersThe sixth part is the discussions and summaries of this article.