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民事诉讼中的证明责任是指当事人对所主张的事实有责任提供证据证明和案件事实真伪不明时承担的裁判上的不利后果。证明责任是证据制度的核心,是民事诉讼的脊梁,然而我国《民事诉讼法》和《最高人民法院关于民事诉讼证据的若干规定》(以下简称《证据规定》)关于证明责任制度的规定是分散而又部分内容是重叠的,并没有形成清晰统一的分配规则。鉴于此,文章主要阐述我国证明责任的分配体系。
The burden of proof in civil litigation means that the parties have the responsibility to the facts asserted to provide proof and the unfavorable consequences of the referees bear when the facts of the case are not authenticity. The burden of proof is the core of the evidence system and the backbone of the civil lawsuit. However, the provisions of the Civil Procedure Law of the People’s Republic of China and Certain Provisions of the Supreme People’s Court on Evidence in Civil Litigation (hereinafter referred to as the Evidence Rules) But some of the content is overlapping, and did not form a clear and uniform distribution rules. In view of this, the article mainly expounds the distribution system of our country’s burden of proof.