证明责任法和经验法则是法官处理民间借贷虚假诉讼案件两种重要的思维方式。在司法实务中,应综合运用这两种裁判思维进行事实认定,在合理分配证明责任搜集相关证据后,运用经验法则反复谨慎地对证据予以实质审查。在穷尽方法辨别虚假事实,并尝试用集体决策机制来补齐经验认知的短板后,若仍无法形成借贷事实是否为伪的内心确信,可运用证明责任法则予以裁判。 The law of burden of proof and the rule of thumb are two important ways of thinking that judges deal with the false litigation of private lending. In the judicial practice, the two judgment thoughts should be used synthetically to make the factual determination. After rationally distributing the burden of proof to collect the relevant evidences, the rules of experience are used to repeatedly and prudently review the evidences. After exhaustive ways to discern false facts and attempt to make up the shortcomings of empirical cognition through a collective decision-making mechanism, if the inability to form a true belief that whether or not the lending fact is false can be adjudicated by applying the law of burden of proof.