我国民事诉讼中证明责任制度透视

An Analysis of the Chinese System of Burden of Proof

证据制度在民事诉讼制度中处于天然的核心地位,而证明责任则是这一核心中的核心。但我国证明责任制度问题重重。在弄清证明责任制度存在的问题及其成因的基础上,要从立法、理论以及司法实践等多角度进行相应完善。

Proof system is central in the system of civil lawsuit, and the burden of proof is crucial to the proof system. But there are so many problems with the Burden of Proof. Through discussing and clarifying the problems and their causes, the author suggests perfecting the proof system according to the legislation, the judicial theory and the judicial practice.