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因为人们的认识能力存在局限,在诉讼过程中许多案件事实真伪难以分辨,法官对案件事实无法做到心证。本文通过“彭宇案”为切入点,引出事实真伪不明及于此情形下的法官裁判问题,我国证明责任制度在相关问题上存在明显的理论准备不足和研究的相对滞后性。通过对事实不明的讨论及对证明责任制度理论的疏导,结合当前我国的立法和实践提出目前在我国对于事实真伪不清如何使用证明责任的一个思路。
Because people’s cognitive ability is limited, many cases in the litigation process are difficult to distinguish between the truth and the false, and the judge can not testify on the facts of the case. In this paper, the “Peng Yu case” as the starting point, leading to the fact that the truth is unknown and in this case the judge referee, the burden of proof system in our country there is a clear lack of theoretical preparation and relative lag of research. Through the discussion of unidentified facts and the guidance of the theory of the system of burden of proof, combined with the current legislation and practice in our country, this paper puts forward an idea of how to use the burden of proof in our country for the fact that the truth is not clear.