举证责任分配原则问题是一个世界性的难题,也是我国证据法学理论与实务中的难题。对此,法学者借鉴国外的经验,结合我国实际提出许多有益的见解,并在立法与司法实践中得到确认。但随着审判方式改革和深入,审判中抗辩色彩的加强,在三大诉讼中,尤其是民事诉讼中正确确定当事人举证责任的问题,显得愈加重 The issue of the principle of distribution of burden of proof is a worldwide problem and also a difficult problem in the theory and practice of evidence law in our country. In this regard, the legal scholars learn from the experience of other countries, put forward many useful insights combined with the reality of our country, and are confirmed in the legislative and judicial practice. However, with the reform and deepening of trial methods and the enhancement of the defensive color in trials, the issue of correctly identifying the parties’ burden of proof in the three major litigations, especially in civil litigation, has become even more serious