在实体法缺位时,面对新类型案件,法官运用自由裁量权将要件事实真伪不明面临的败诉风险作出不同于原有规范所蕴涵的分配规则的方式分配给另一方当事人承担,这便是证明责任倒置。实体法滞后、缺位,实质正义又呼吁不同于以往司法裁判方式,这是证明责任倒置得以产生的唯一空间。 In the absence of substantive law, in the face of new types of cases, the judge uses the discretion to assign to the other party the risk of losing the law that the truth of the facts is not known to be different from that of the rules of distribution contained in the original norms Is to prove the responsibility of the inverted. Substantial law lags behind, vacancy, substantive justice also called for a different from the previous judicial way of judging, which is proved to be the only place where responsibility can be inverted.