當(dāng)事人收集證據(jù)問題的研究——以商標(biāo)侵權(quán)訴訟為切入點(diǎn).pdf

1、華中科技大學(xué)碩士學(xué)位論文當(dāng)事人收集證據(jù)問題的研究--以商標(biāo)侵權(quán)訴訟為切入點(diǎn)姓名：但加強(qiáng)申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法律碩士指導(dǎo)教師：王桂芳2010-05-19華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文 華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文IIAbstract Established by the Civil Procedure Law of China〝who advocates,who burden of proof 〞 p

2、rinciple.Evidence,as the parties to safeguard their legitimate rights and interests of important documents,as a judicial referee cases of real materials,has a pivotal role in the proceeding of any case.However, in judici

3、al practice, a lot of people do not know that and do not attach importance to the collection of evidence on the behavior.When a dispute has arisen,they often fail to prosecute, because there is no evidence,but not talk t

4、o win the lawsuit. The trademark infringement litigation is a special kind of litigation,So, in the trademark infringement suit, the evidence collection's characteristic and the question have the model representatio

5、n in all infringement suit.The evidence is the core position in an infringement lawsuit,and the favorable evidence can protect the legitimate rights and interests effectively. Therefore, In the infringement proceedings,t

6、hat the parties collect the evidence of infringement whether comprehensive, accurate,full,not only related to the judge determine whether it is an infringement and calculate its damages,but also directly related to the j

7、udge's conclusion on the facts of the whole case and referees. The purpose of this paper is to overcome three problems in the proceedings ofthe lawsuits about the infringement,which one is the difficulty of collectin

8、g the evidence,the second is the difficulty of prosecution, and the last is to discuss the problem why it is so difficult to win a lawsuit,and then to look for an effective operational guidelines on the cases of the infr

9、ingement lawsuits. These problems not only include the parties themselves gather evidences, but also include the parties ask the lawyer,the court,the notary and other departments for investigations and evidence collectio

10、ns.The evidence is always the core problem of the trademark infringement lawsuits.When the evidence issue has been satisfactorily solved ,the judge can make out a very clear judgment on the case, and the parties may also