【要点提示】运输合同纠纷中,托运人有初步证据证明货损系承运人或其雇员故意或重大过失造成的,承运人对此负有否定该事实的举证责任,如其无法举证,则可排除降低其责任至最低程度的保价条款的适用。 【Important Notes】 In the contract of carriage, the shipper has prima facie evidence that the damage was caused by the carrier’s or his employee’s intentional or gross negligence, and the carrier has the burden of proof that negates the fact. If the carrier can not prove it, Its responsibility to the minimum extent of the insured clause applies.