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证明妨碍制度虽然在我国并没有真正构建起来,但是在一些零散的法条中已经对其有所规制,在司法实践中也屡有运用。而知识产权诉讼由于其证据的复杂性、专业性、易逝性,也十分需要证明妨碍制度来规制当事人的举证活动。在知识产权诉讼中,证明妨碍有其构成要件,主要包括主体要件、客体要件、主观要件和客观要件。在知识产权诉讼中,证明妨碍的法律效果也呈现多元化的态势,法官应当根据具体的案情来决定使用何种方法对证明妨碍实施者进行制裁。此外,在知识产权诉讼中,适用证明妨碍规则时应当注意保护当事人的商业秘密,并协调好与诉前证据保全之间的关系。
Although the impediment system has not been established in our country, it has already been regulated in some scattered laws and has been used frequently in judicial practice. Due to the complexity, professionalism and perishability of evidence, there is also a great need to prove that the lawsuit system hinders the system in regulating the parties’ burden of proof. In the litigation of intellectual property, it is proved that the impediments have their constituent elements, mainly including the main elements, the main elements, the subjective elements and the objective elements. In the IP litigation, the legal effect of impeding the obstruction also shows a diversified situation. Judges should decide on the basis of their merits to decide on the methods to be used to prove the obstruction of the implementers’ sanctions. In addition, in the case of intellectual property litigation, proof of application obstructs rules should be taken to protect the parties’ trade secrets and to coordinate the relationship between pretrial evidence preservation.