Meaning
Procedural mechanisms in Chinese civil litigation move the requirement of proof from the plaintiff to the defendant under specific legal conditions. While the default rule requires the party asserting a claim to provide evidence, burden shifting applies when the plaintiff cannot access evidence held exclusively by the defendant. This principle ensures fairness in cases where information asymmetry prevents the claimant from establishing a causal link.
It operates primarily in environmental disputes and patent infringement litigation.
Evidentiary Rule
Statutory provisions allow judges to reassign the duty of producing evidence based on the proximity of the party to the facts. The court determines whether the plaintiff has provided preliminary proof of an injury before the burden shifting occurs. Once the switch happens, the defendant must prove that no causal relationship exists or that their actions were lawful.
Failure to provide this proof results in the court assuming the plaintiff’s claim is true.
Tort Application
Environmental liability often relies on this mechanism to address the difficulty of proving pollution sources. A factory must demonstrate that its emissions did not cause the health issues or property damage cited in the complaint. This requirement prevents industrial entities from benefiting from the complexity of scientific causation.
Practical Reversal
Patent law utilizes this method for manufacturing process infringements involving new products. The defendant carries the obligation to show that their production method differs from the patented process. This specific application protects intellectual property owners who cannot enter a competitor’s facility to inspect equipment.
Judicial interpretations clarify that this reversal is not automatic and depends on the visibility of the manufacturing step. Because the plaintiff cannot witness internal factory operations, the law places the descriptive burden on the party controlling the facility.
