证明责任,也叫举证责任,是指司法机关或当事人应当收集或提供证据以证明案件事实的责任。它是解决案件事实由谁证明的问题。证明责任包括收集、提供责任、调查责任和判断责任三种。本文所要论述的主要是指收集、提供责任,后两种责任很明显是由司法人员进行,没有什么争论,所以不需要论述;而前一种责任在法学界中意见分歧,争论激烈,必须予以论述。明确证明责任,有助于司法人员和当事人明瞭各自的职责,能够积极主动地去收集和提供证据,从而有利于准确、及时地查明案件事实,以惩罚犯罪,保护好人,解决纠纷,教育群众,顺利地完成诉讼任务。 The burden of proof, also known as the burden of proof, refers to the responsibility of the judiciary or the parties to collect or provide evidence to prove the facts of the case. It is to solve the problem of who proved the facts. The burden of proof includes collecting, providing responsibility, investigating responsibility and judging responsibility. This article mainly discusses the collection, providing the responsibility, the latter two kinds of responsibilities are obviously carried out by judicial personnel, there is no argument, so there is no need to elaborate; the former responsibility in the legal profession disagreement, heated debate, must be Discussion. Clarifying the responsibility clearly helps the judicial personnel and the parties to understand their respective responsibilities and can proactively collect and provide evidence so as to be able to accurately and promptly ascertain the facts of the case, punish the criminals, protect the good, settle disputes and educate the masses , Successfully completed the litigation task.