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证明责任理论是民事诉讼的核心理论,被誉为民事诉讼的脊梁。证明责任分配是核心中的核心,而研究和应用证明责任分配理论首先必须明确证明责任分配的依据。我国学者已经对证明责任进行了一定的研究,但是理论界对证明责任分配尤其是证明责任分配的依据研究甚少,导致证明责任并不能发挥其应有的作用。文章通过分析证明责任分配的依据概念、功能,尝试着明确我国证明责任分配的依据。
The theory of burden of proof is the core theory of civil litigation and is reputed as the backbone of civil litigation. To prove the distribution of responsibility is the core of the core, and research and application of proof of liability distribution theory must first clearly prove the basis for the allocation of responsibility. Scholars in our country have done some research on the burden of proof, but there is little research on the basis of the distribution of burden of proof, especially the burden of proof, in theory circles. As a result, the burden of proof can not play its due role. The article attempts to clarify the basis for the distribution of burden of proof in our country by analyzing the basis and function of the proof of responsibility distribution.