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如果说举证责任是民事诉讼的脊梁,那么举证责任的分配作为举证责任的实质内容也就成为了民事诉讼的核心问题。其地位和作用足见一斑,但在我国有关举证责任的研究状况却是不重视、起步晚,也不充分。本文以国外举证责任的历史发展为主线进行分析,旨在通过对外国举证责任的理论研究对我国合理构建举证责任的分配规则有所启示。
If the burden of proof is the backbone of civil lawsuit, then the distribution of burden of proof as the substantive content of the burden of proof has also become the core issue of civil litigation. Its status and role is evident, but the research on the burden of proof in our country does not pay much attention to it. It starts late and is not sufficient. This paper analyzes the historical development of the burden of proof in foreign countries as the main line, aiming at enlightenment on the reasonable allocation of burden of proof in our country through the theoretical study on the burden of proof in foreign countries.