一、举证责任的两种含义美国法律中,举证责任有两种相互独立且各不相同的含义。在美国著名法学家詹姆斯·塞耶1898年提出举证责任的两种含义以前,其区别一直未被人们所清楚认识。在这以前或以后的许多法院在判决中论述此问题时,仍令人失望地混淆这两种含义。这两种不同的含义可以表述为;(1)说不服的危险或说服的责任,或简称为说服责任;(2)举证责任,在诉讼中以所提之证为依据,或简称为提证责任。 First, the two implications of the burden of proof In the United States law, the burden of proof has two independent and each has its own meaning. Until the famous American jurist James Sayel put forward the two meanings of the burden of proof in 1898, the difference has not been clearly understood. When many courts before or after this judgment were discussed in the judgment, they still disappointly confused these two meanings. These two different meanings can be expressed as: (1) the risk of persuasion or persuasion, or simply the conviction of persuasion; (2) the burden of proof in litigation on the basis of the evidence presented or simply referred to as the title responsibility.