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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第六十四条关于举证责任制度的规定较为简单,权威部门的司法解释也存在局限性,因此,我国迫切需要构建完备的证明责任制度,以满足审判实践的需要。本文阐述了现代证明责任概念的本质,区分证明责任与举证责任,在分析了我国民事诉讼证明责任制度的缺憾的基础上,论证了重构证明责任制度的意义。
The burden of proof is the core of the evidence system and the backbone of the civil lawsuit. However, the provisions of Article 64 of the Civil Procedure Law of our country on the system of the burden of proof are relatively simple and the judicial interpretation of the authoritative department has its limitations. Therefore, our country urgently needs to build a complete Proof of responsibility system to meet the needs of trial practice. This paper expounds the essence of the concept of modern burden of proof, distinguishes the burden of proof and the burden of proof. Based on the analysis of the shortcomings of the system of burden of proof in civil litigation in our country, this paper demonstrates the significance of reconstructing the system of burden of proof.