张老汉和李某是亲戚关系,3年前李某曾向他借钱8000元,没有写借据。3年后,张老汉多次向李某催要借款无果,遂将李某告上法庭,同时向法庭提交了自己两次到李家要求还钱的录音证据。法院经审查,认为录音资料中存在明显瑕疵,遂驳回了原告的诉讼请求。诉讼实践中,很多人都认为只要拿到证据,就一定能打赢官司,这其实是一个误区。我国民事诉讼实行“谁主张谁举证”的原则。最高人民法院《关于 Zhang old man and Lee are relatives, 3 years ago, Lee borrowed money from him 8,000 yuan, there is no write-up. Three years later, Zhang Laocan repeatedly lobbied Lee to no avail, so Lee told the court, at the same time submitted to the court twice to Li’s request for money back to the recording evidence. After examination, the court found that there were obvious flaws in the audio recording materials and dismissed the plaintiff’s claim. In the practice of litigation, many people think that if they get the evidence, they will surely win the lawsuit. This is actually a misunderstanding. China’s civil lawsuit to implement “who advocate who evidence” principle. Supreme People’s Court "on