消费欺诈诉讼案件中对“欺诈”事实的证明责任分配依“规范说”应由消费者承担,不应由法官裁量证明责任来改变法定的证明责任分配。法官自由裁量权应在证明评价与自由心证等环节加以运用。疑难案件的解决应坚持在严格遵循法定证明责任分配原则的基础上,通过司法实践生成诉讼证明的具体规则的路径来加以解决。 In the case of consumer fraud cases, the burden of proof of the “fraud” facts should be borne by the consumers according to the “rules and regulations”, and should not be changed by the discretion of the judge to prove the distribution of the burden of proof. Judge discretion should be used in the proof of evaluation and free testimony. The settlement of difficult cases should be solved on the basis of strictly complying with the principle of distribution of legal burden of proof and through the judicial practice of generating the specific rules of litigation proof.