论民事诉讼举证责任分配

On the allocation of the butden of proof in the civil proceedings

举证责任的分配既是民事诉讼中的核心问题,也是民事诉讼中的难点问题。我国确立了以当事人主义为主的举证责任分配模式,此种模式在实行诉讼公平和推行我国法治建设上取得了不可估量的作用,但其弱点也逐渐显现出来。本文通过对举证责任分配的剖析,来研究我国举证责任的分配制度,并提出笔者的建议。

The allocation of the burden of proof is both the core and the difficulty of the civil proceedings. China has established the mode of the allocation of the burden of proof as the parties, which has made an in- valuable role in the implementation of the fairness of litigation fairness and in the im- plementation of the rule of law in China, but its weakness is gradually revealed. This paper, through the analysis of the allocation of the burden of proof, studied the system of the allocation of the burden of proof, and proposed some suggestions.