Distribution Of Burden Of Proof In Product Infringement Cases

The connotation and distribution of burden of proof is an extremely importan t basic theory in civil litigation,which is called "the backbone of civil litigation".A t the same time,the distribution of burden of proof is a very practical subject,wh ich has an important guiding function in judicial practice for the prudent judgment of judges and the protection of the rights and interests of the parties.In the proce ss of product infringement litigation,China still adheres to the distribution principle of general tort burden of proof,that is,consumers bear the objective burden of proof that the product is defective and damage to people,and producers bear the o bjective proof burden of exemption.However,in practice,the huge information ga p between consumers and manufacturers makes it very difficult for consumers to c ollect evidence,especially in the proof of the elements of causality.Due to the evi dence deviation and other factors,it is difficult for consumers to make a clear and effective proof.Judge’s theoretical reserve of the connotation of burden of proof in China leads to the arbitrary inversion of the objective burden of proof of causal ity in practice,and the phenomenon of different judgments for the same case.In ad dition,the vague legislation provisions on the exemption from liability and the dis tinction of "defects" and "blemish",also further deepened the seriousness of the p roblem.In order to solve the dilemma of consumers,the experience of countries a nd regions outside the region is mainly to reasonably use various presumptive met hods,reduce the standard of proof,disclosure of evidence,self-evidence of facts an d other methods to alleviate the difficulty of proving.At the same time,the strict r egulations on the exemption of producer’s liability and the differences between "ble mish" and "defects" in legislation also help judges accurately grasp the distribution of burden of proof in practice.In the future revision of the law,China should reas onably learn from foreign mature systems and experience,further clarify the connotation and extension of exemption reasons in the product quality law,and clearly di stinguish the boundaries between "blemish" and "defects".In practice,our country s hould strengthen the theory accomplishment of judges’ burden of proof and guide t hem to use various kinds of "presumption of fact" accurately to alleviate the diffic ulty of proving consumers’ causal relationship.In addition,fishing expedition is also a powerful measure to alleviate the dilemma of consumers’ certification and streng then the cooperative certification obligation of producers.