The New Theory Of Fault Inference Principle

From the perspective of civil action, through the analysis of the fault inference and application, the paper states fault inference is not a burden of Proof principle, but a certification rule, which is the burden of proof. It is application of inverse proof, which is legal burden of proof. Inverse proof is condition, the presumption is method, fault is the result, no proof and fault is the conclusion. It is extremely workable rules and irreplaceable if there are mistakes, put into fault principle to build a comprehensive tort liability elements, then identified violations responsibility in the judicial practice, otherwise, incorrect understanding of the application will give the handling of the case a misunderstanding, or even lead to social injustice. Therefore, it is necessary to research and correct understanding and application of the fault inference in practice.Partâ… The definition and origin of fault inference, which is the study, purpose of the paper.Partâ…¡This part comments the principle of tort liability system, and expounds science and rationality on dual responsibilities system of the principle of liability without fault or with fault, then presents proposition. This part also states the nature and status of fault inference, which is a means to define the fault and belong to burden of proof. It is a proof rule to define fault in terms of acts responsibility or the results responsibility.Partâ…¢This part is the core of the paper. Using comparative approach, the author point out the burden of proof is a unity of responsibility and results, which is specified parties with a statutory obligation, and should bear the legal consequences of a corresponding. On the basis, This part describes the inherent structure and specific application of fault inference. Then, it show the consistency of fault inference and burden of proof, in particular, fault inverted as the premise itself is a statutory obligation of proof set. It can be proved whether fault by the way. It is the unity of proof obligations and consequences community, dual effect of fault and process. Fault inference has its own application and proof method, so that, fault inference belong to the burden of proof.Partâ…£By demonstrating several existing laws contain explicit provisions on the fault inference, particularly, through the most contentious cases with unidentified inflictors, this part further clarified the misunderstanding of fault inference in the judicial practice. The crux of the matter lies in perpetrator presumption arbitrarily. That confused the subject that should inversed. Finally, by analysis comparably of fault inference and fairness principle, fault inference and common risk behavior in practice which are most confused the author further expound the correct application of burden of proof in fault inference.