关于我国民事诉讼中举证责任倒置的几点思考

On the Inversion of the Burden of Proof in the Chinese Civil Procedure Law

举证责任倒置是我国民事诉讼证据制度中的一个特殊内容 ,在司法实践中正确运用的前提是举证责任倒置在证据制度中的正确定位 ,并明确在举证责任倒置的情况下 ,不同类型案件中被告的举证责任范围 ;在我国现有的实体法和程序法中 ,关于举证责任倒置适用的案件类型范围之规定过于狭窄 。

The inversion of the burden of proof has been a unique principle of the civil procedure law as regards evidence. The proper application of the principle in judicial process depends on an appropriate understanding of its position in the civil evidence law, as well as a definite determination of its scope of application. The author has pointed out that the existing stipulations on its scope of application in both substantive law and procedure law are too limited to resolve the increasing problems in judicial practice, and has further proposed an expansion of the applicability of the principle.