自罗马法时代所开启的具有古典意义的两个著名的有关证明责任及其分配的基本规则形态,成为自现代社会以来对证明责任及其分配理论进行研究的基石,人们正是沿着这一历史轨迹不断地进行探索和开拓。法律的发展经历过古罗马法注释时期、近代德国普通法时期和近现代社会及当代社会这样几个重要的历史阶段,民事证明责任及其分配理论的三大基本类型学说贯穿其中。在当代社会历史条件下,大陆法系主要国家或地区在立法、学理和判例实务上还是以罗森博格的规范说或为基础,或为重心,或为侧重点。 Two well-known classical rules of proof and the basic rules and forms of their distribution opened in the Roman law era have become the cornerstone of research on the burden of proof and its distribution theory since the modern age. It is exactly along this The historical track continues to explore and develop. The development of law has undergone several important historical stages, such as the annotation period of ancient Rome law, the common law period in modern Germany, the modern society and contemporary society. The three basic types of theories of civil burden of proof and its theory of distribution permeate it. Under the current social and historical conditions, the major countries or regions in the civil law system are still based on or based on Rosenberg’s norms, are the center of gravity, or focus on legislation, learning and case practice.