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举证责任是民事诉讼的核心问题之一,关于举证责任的内涵和举证责任的分配,不同法系的学者历来有所争论,我国的证据立法,受大陆法的影响较大,我国民事诉讼法在举证责任的分配上,实行的是以“谁主张,谁举证”原则为主,兼顾特殊和例外情况的责任分配方式。当前我国由于司法制度、思想观念等种种原因,在举证责任分配的理论和实践方面尚有许多问题需要解决。
The burden of proof is one of the core issues in civil litigation. As to the connotation of the burden of proof and the distribution of the burden of proof, scholars of different legal systems have always been arguing that the legislation of evidence in our country is greatly affected by the civil law. Our Civil Procedure Law The distribution of the burden of proof, the implementation is based on “Who advocates, who evidence ” principle, taking into account the special and exceptional circumstances of the distribution of responsibility. At present, due to various reasons, such as the judicial system and ideological concepts, there are still many problems to be solved in the theory and practice of the distribution of burden of proof.