产品瑕疵与产品缺陷的举证责任在司法实践中经常被混淆,被混淆的理由是民事诉讼法上的“谁主张、谁举证”原则。其实产品瑕疵与产品缺陷的举证责任在现行法律中已有明文规定,都应当由卖方承担,而且卖方承担举证责任不是倒置,是正置。 The burden of proof of product defects and product defects is often confused in judicial practice. The reason for being confused is the principle of “who claims and who evidences” in the Civil Procedure Law. In fact, product defects and product defects of the burden of proof has been expressly provided in the existing law, should be borne by the seller, and the seller assumes the burden of proof is not inverted, is upright.