证明责任的适用条件,是指在事实认定出现何种情形下,才发生证明责任的适用。大陆法系认为只有在要件事实真伪不明的情形下,才发生证明责任之适用。英美法系证明责任的适用条件则是未能说服事实裁判者。在对两大法系不同理论进行比较研究的基础上,得出观点为:证明责任的适用条件应是对待证事实承担证明责任的当事人未能证明该事实。 The applicable conditions of the burden of proof refer to the application of the burden of proof only when the facts are found to have occurred. The civil law system holds that the application of the burden of proof only occurs when the truth of the facts is not clear. Anglo-American law to prove the application of the conditions of responsibility is the failure to convince the fact that the referee. Based on the comparative study of different theories in the two legal systems, this paper draws the conclusion that the applicable conditions of the burden of proof should be that the party who bears the burden of proof in fact does not prove the fact.