由于我国当事人取证能力的薄弱,法官倾向于将客观证明责任转化为主观证明责任来加以使用,笔者得出客观证明责任的重要性更多地体现在对当事人在诉讼过程中取证方向的指引。而由于我国证明责任分配规则在法律中规定的极为不明确,导致二审改判率的上升,因此笔者主张在实体法的制定过程中,要注意将证明责任的分配规则规定得更为明确,给法官以明确的指引。 Because of the weak ability of the clients in our country, the judges tend to use the objective proof responsibility as the subjective burden of proof. The author concludes that the importance of objective burden of proof is more reflected in the direction of the parties in the process of evidence collection. However, because the regulation of liability distribution in our country is extremely ambiguous in the law, which leads to the rise of the second instance, the author advocates that the rule of distribution of the burden of proof should be made more explicit in the process of substantive law, With a clear guide.