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一旦商品瑕疵因何而起难以查清,法官不得不借助于证明责任规则做出判决以节约司法成本。《消费者权益保护法》第23条规定只要消费者完成初步证明,商品不存在瑕疵的举证责任便转移给经营者,这有利于证明成本和错判成本最小化。就上述规则的司法实践而言,商品瑕疵的认定标准、经营者和消费者举证责任的内容、举证倒置适用的时间及商品范围等具体规定还有待进一步明确。
Once the product defects are difficult to find out why, the judge had to resort to the burden of proof rules to make judgments in order to save judicial costs. Article 23 of the Law on the Protection of Rights and Interests of Consumers stipulates that as long as the consumers complete the preliminary proof, the burden of proof for the absence of defective goods is transferred to the operator, which is conducive to proving the cost and minimizing the costs of misjudgment. As far as the judicial practice of the above rules is concerned, the specific criteria for determining the defects of commodities, the contents of the burden of proof for the operators and consumers, the time for justifying the inversion of evidences, and the scope of the commodities still need to be further clarified.