证明责任居于证据法学的核心地位。证明责任概念体系和责任分配体系的演变,既有公平、正义的理念基础和政策、利益、价值等的权衡,还有诉讼模式、立法模式、审判方式、诉讼构造等的制度性因素影响。随着各国法律文化的交流与发展,相互借鉴与融合是必然的发展趋势,而且两大法系国家证明责任制度与学说理论已经出现了从分离走向融合的态势。 The burden of proof lies at the heart of the law of evidence. The evolvement of the conceptual system of responsibility and the system of responsibility assignment includes the concept of fairness and justice as well as the trade-off between policies, interests and values, as well as the institutional factors such as litigation mode, legislative mode, trial mode and litigation structure. With the exchange and development of law and culture in various countries, mutual reference and integration are inevitable trends of development. Moreover, the theories of burden of proof and doctrine in the two legal systems countries have emerged from separation to integration.