Research On The Legal Issue Of Subcontracting In Construction Project Of Our Country

The patent infringement litigation is a kind of civil litigation, but different fromgeneral civil litigation. Both in respect of legal issues and technical problems involved, sothe distribution of such proceedings the burden of proof is more professional andcomplexity. Its burden of proof has caused a lot of controversy in the academiccommunity; there is also some confusion in the judicial practice, it is necessary to carryout the study of the system. Firstly, an overview of the conduct of the patent infringementburden of proof, on the one hand, introduced the meaning of the burden of proof in itsdistribution system doctrine and manner; On the other hand, pointed out that the specialnature of the patent infringement lawsuit and the characteristics of such evidence injudicial proceedings, and explain briefly for Patent Infringement lawsuit the general rulesof the allocation of responsibilities. At the same time, Put forward some inspirations toChina’s good by examine the international conventions, civil law, common law on theburden of proof in patent infringement litigation. According to China’s patent civil burdenof proof assigned provisions, it is taken "who advocate who proof" way and reverseburden of proof special way. The research shows that the existing patent infringementburden of proof in civil litigation spawned a lot of problems in practice, such as the faultof the infringer’s burden of proof is not clear enough and the patentee difficult burden ofproof is not easy to rights, In addition, new products, the burden of proof the system is notreasonable cause patentee struggling in the process of proof. Again, this article exploresthe reasons for the problem, under the existing provisions patentee bears too much of theburden of proof, and violations invisible, charged with infringing party chaotic financialsystem and profit affected by many factors and other causes of the state of the evidencecollection. Finally, put forward suggestions for improvement China’s patent infringementlitigation burden of proof by comparative analysis on the basis of the analysis of the reasons for the formation of foreign legislation and the issues. This paper argues that theimprovement of the burden of proof in patent infringement litigation mainly reflected thelaw should be clear patent infringement for fault liability elements, to reduce the patenteethe burden of proof, including patent infringement damage and the causal relationship theburden of proof. To achieve this requires the help of expanding the discretion of the judge,under certain conditions, which is to further the concept of fairness and justice to beimplemented in the allocation of the burden of proof rules embodied. With the provisionsof Article34of the TRIPS Agreement in patent infringement litigation involving "newproduct" program (b) This should avoid inverted the burden of proof is generated greatcontroversy and led to infringement litigation caught in difficult smoothly down position.The purpose of this paper is to be able to solve some of the problems in the practice, tofurther protect the interests of the patentee, so that the burden of proof of patentinfringement litigation system more equitable.