民事诉讼中证明的种类及证明责任的分配

在民事诉讼中,诉讼因主张而产生,主张是否成立需要证明;证明过程需要借助证据,而证据则需要举证。证明的基本规则就是“谁主张,谁证明;谁证明,谁举证”。其中,主张的性质决定了证明责任,而证明的责任又决定了举证的责任。证明的类型不同,证明责任也就不同;证明责任不同,举证责任也就不同。

Classification of Proofs and the Distribution of Responsibilities for Producing Proofs in Civil Cases

A civil lawsuit is filed on the basis of a claim which needs proving. In order to prove a case, proofs should be produced in the court of law by following the principle that " one who claims should prove his case by producing proofs in the court of law". The nature of the claim determines the kind of responsibility to prove, and the types of proofs determines the types of resposibility. Different types of proving also require different responsibilities in offering proofs.