Journal of Northeastern University(Social Science) ›› 2012, Vol. 14 ›› Issue (6): 526-531.DOI: -

• Law • Previous Articles     Next Articles

Research on the Rules of “Reversion of Burden Proof” in China

BAO Jian-hua   

  1. (School of Public Administration and Law, Dalian University of Technology, Dalian 116024, China)
  • Received:2012-04-22 Revised:2012-04-22 Online:2012-11-25 Published:2015-11-10
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Abstract: The current rules for reversion of burden proof in China can be divided into four categories: reversion of negative facts, which mainly occurs in the suit of copyright infringement and denial of corporate status; reversion of positive facts, which mainly occurs in the suit of patent infringement and labor dispute; reversion of faults, which mainly applies to the situation in which the defendant is in charge or the public run a risk because the defendant benefits; and reversion of causality, which mainly happens in the suit of environmental pollution and joint dangerous torts. There are still defects in the laws for reversion of burden proof in China in that such rules should apply to the suit of stockholdersright to know, connected transactions, unjust enrichment and spontaneous agency.

Key words: reversion of burden proof, fact, tort

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