民事诉讼举证责任的分配

举证责任的分配是举证责任的核心问题。举证责任包括行为责任和结果责任两方面的含义。“谁主张,谁举证”的一般分配原则,不能合理、有效地解决结果责任的分配。结果责任的分配所要解决的问题是,当诉讼即将终结时若案件事实仍然真伪不明,由谁承担不利的诉讼后果。我国现行的司法解释,完善了举证责任分配的有关规则,但结果责任的分配,尚需确立明确的标准和分配的规则。民事诉讼证据立法需要从实体法和程序法进一步完善,公平、科学地解决举证责任的分配。

Distribution of Witness-Giving Responsibilities in Civil Lawsuits

As the core of witness-giving responsibilities,the distribution of witness-giving responsibilities includes the action and the outcome responsibilities.Its general principle of "who proposes,who gives witness" cannot reasonably and efficiently solve the problem on the distribution of outcome responsibilities,which aims at solving the problem of who will shoulder the negative lawsuit when the truism of the case is still not clear toward the close of the case.The judicial interpretation of it by the Supreme People's Court has perfected the related regulations about it;however,it is still necessary for the distribution of outcome responsibilities to establish clear criteria and regulations of distribution.Evidence legislation in our civil lawsuit needs to be further perfected so as to fairly and scientifically solve the problem of distribution in witness-giving responsibilities from the perspective of entity and procedure laws.