诉讼过程是重现事实的过程,但对于已发生的事实,证据所起到的证明作用往往非常有限,并且受当事人举证能力的影响甚大。尽管多数案件根据诉讼各方所举证据便能查清事实,但仍有部分案件到辩论终结前仍处于真伪不明的状态。证明责任是解决案件事实无法查清时的裁判规则,直接关系到裁判结果的合法性和公正性。熟悉证明责任的分配规则,对于正确处理一些疑难案件大有裨益。 The process of litigation is a process of reproducing facts, but the evidence that has been given often has very limited effect on the facts that have occurred and is greatly affected by the ability of the parties to prove. Although the majority of cases can be ascertained on the basis of the evidence presented by the parties involved in litigation, there are still some cases in which the truth remains unknown until the debate is over. Proof of responsibility is to solve the rules of the case can not find out the rules of the case, is directly related to the legality of the judgment and fairness. Familiarity with the rules of assignment of burden of proof is of great benefit to the proper handling of difficult cases.