论中国民事诉讼中举证责任倒置的几个问题

Discussion on the Inversion of Evidential Burden in Civil Lawsuit of Our Country

举证责任的倒置 ,是对举证责任分担一般原则的例外规定和必要补充。在民事诉讼中实行举证责任倒置 ,是与民事实体法规定的无过错责任原则和过错推定责任原则相适应的 ,也是我国民事诉讼法立法思想的必要体现。举证责任倒置 ,主要要考虑举证的难易和是否有利于实现实体法的立法宗旨。举证责任倒置仅适用于几种特殊的侵权纠纷案 ,应在医疗纠纷案、共同危险致人损害的侵权纠纷案和妨害对方举证的行为中实行举证责任倒置。

The inversion of evidential burden is the exception l aw and necessary supplementary principle to share evidential burden. In civil lawsuit, the inversion of evidential is in accordance with the principle of liability without fault and constructive liability with fault , and it is the necessary expression of legislative idea of Civil Procedure Act of our country . According to the difficulty of evidential burden , the inversion of evidential burden is carried out in order to embody the legislative principle of substantive law that the inversion is helpful to this law or not.Meanwhile, the inversion of evidential burden is applied in a few special dispute case for tort, and also this paper has put forward some proposals that the inversion of evidential burden is used in some other cases , such as medical tangle case , tort dispute case for damages caused by common danger , and in the action of preventing the opposite side from giving proof.