由于举证责任转换规则在司法实践中经常被忽视,举证责任转换的相关法律规则及程序仍然存在问题。比如,举证责任转换适用的前提条件在法律法规中并不明确,以至于法官在适用过程中易出现转换条件、转换标准把握不明确;理论上易发生相关制度的混淆;审判人员在举证责任转换的过程中,需综合考虑当事人距离证据的远近、获取证据的可能性等相关因素,对于举证责任转换条件的把握,审判人员容易受到自身条件及外界因素的干扰。对此本文认为应当使法官自由裁量权规范行使,完善法庭辩论程序与相关规则,提高审判人员的理论素质与丰富审判实践经历。 Since the rules of the conversion of the burden of proof are often overlooked in the judicial practice, the relevant legal rules and procedures for the conversion of the burden of proof still exist problems. For example, the preconditions for the transformation of the burden of proof in the laws and regulations is not clear, so that the judge prone to conversion conditions in the process of application, the conversion standard is not clear; theoretically prone to confusion in the system; trial shift in the burden of proof , We must comprehensively consider the related factors such as the distance between the parties and the possibility of obtaining the evidence. As for the transfer of the burden of proof, the judicial personnel are easily disturbed by their own conditions and external factors. In this regard, this paper argues that the judges’ discretion should be exercised in a normative manner, the procedures and relevant rules of courtroom debate should be improved, the theoretical qualities of judicial officers should be improved, and the experience of judicial trial should be enriched.