Discussion:Tourist complaints is "who advocates, who proof" principle?

   China's "Civil Procedure Law" provisions, the general practice of "who advocates, who proof" principle. The inversion of the burden of proof is the exception to the rule.

   Burden of proof is based on the provisions of the law, will normally be the claims that one of the parties is the plaintiff) some reasons does not bear the burden of proof, and by the other party (usually the defendant) is a fact exists or not bear the burden of proof, if the party not to burden of proof, presumption the fact that the establishment of a system of allocating the burden of proof. In general, the rules of evidence, "who advocate who burden" is the general principle of the allocation of the burden of proof,

    The law enumerates 8 kinds of civil proof inverted, is mainly reflected in the legal protection of vulnerable groups.

    According to the rules of evidence in civil proceedings the fourth Supreme People's Court: the tort litigation, the burden of proof in accordance with the following provisions:
(a) for new product manufacturing method of invention patents by patent infringement litigation, by making the same product units or individuals on the method of manufacturing the same product in different patent method shall bear the burden of proof;
(two) tort damages caused by the highly dangerous operation, by the offender is intentionally caused by the victim damage facts bear the burden of proof;
(three) a suit for damages caused by environmental pollution damage, there is no causal relationship between the burden of proof by the offender law exemption and behavior and damage;
(four) placed, hanging objects buildings or other facilities and building collapses, falling, falling tort damages to others, the owner or manager of the no fault shall bear the burden of proof;
(five) the damage caused by the infringement lawsuit feeding animal, the keeper or manager of the animal was the victim is at fault or the third party at fault shall bear the burden of proof;
(six) infringement action of damages caused by defective products, the burden of proof by the producers have legal disclaimer;
(seven) the tort litigation for joint dangerous act causing the damage, does not bear the burden of proof by the implementation of the causal relationship between the dangerous act on its behavior and damage;
(eight) medical tort litigation arising out of acts, there is no causal relationship and there is no medical mistakes bear the burden of proof between from medical institutions, medical behavior and the harm result.
 The burden of proof about the law on tort of the special provisions, from its provisions.

  The inversion of onus probandi conditions:
  One, the implementation of the burden of proof must have a clear legal basis

  Two, the plaintiff can prove some reasons the proof obstacles

   Tourist complaints belong to the category of administrative burden, due to the existence of obstacles, application of reverse burden of proof

       <Administrative Procedure Law >Article thirty-second [distribution] the burden of proof for the specific administrative act of the defendant shall bear the burden of proof, shall provide the specific administrative action evidence and regulatory documents on the basis of.
  "Interpretation of the Supreme People's Court on some problems in the implementation of" the people's Republic of China Administrative Procedure Law > "
   Article twenty-sixth in administrative proceedings, the burden of proof for the specific administrative acts made by the defendant.
The defendant should be in receipt of a copy of the indictment within 10 days from the date of the submission of defence, and provides the specific administrative acts evidence, basis; the defendant does not provide or overdue without justifiable reasons, shall determine the specific administrative act is not evidence, basis.
   Article twenty-seventh the plaintiff shall bear the burden of proof for the following matters:
(a) that prosecution in conformity with the statutory conditions, but the defendant that the plaintiff sued except over the prosecution deadline;
(two) in the prosecution of the defendant not as a case, the facts prove its application;
(three) in the administrative compensation lawsuit filed in together, that losses caused by the infringement facts;
(four) other matters which the plaintiff shall bear the burden of proof.
"Provisions of the Supreme People's Court on Several Issues concerning the trial of administrative compensation cases"
   Article thirty-second the plaintiff shall bear the burden of proof for his opinions on administrative compensation litigation. The defendant has the right to offer no compensation or reduce the amount of compensation evidence. The burden of proof in administrative compensation litigation, the burden of proof by the defendant.