证明责任是民事证据制度中永恒的主题,是民事证据制度的核心,证明责任分配问题更是核心中的核心。日本学者石田穰曾形象是指出“证明责任是整个民事诉讼的脊椎。”美国著名学者伯纳德·施瓦茨也说:“在实际诉讼中,证明责任问题的实际重要性甚至比大多数律师认识到的还要大。确定证明责任问题常常就是决定谁胜谁负的问题。”从 The burden of proof is the eternal theme in the civil evidence system and the core of the civil evidence system. It is even more the core of the core to prove the responsibility distribution problem. The Japanese scholar Ishida Ishin once said that “the burden of proof is the spine of the entire civil litigation.” “The famous American scholar Bernard Schwartz also said:” In actual lawsuits, the actual importance of the burden of proof is even greater Most lawyers recognize the fact that identifying the burden of proof is often the question of who wins or who decides.