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民事诉讼中,证据是核心问题,而举证责任又是民事证据制度的关键所在,其中的举证责任分配理论更是被称为“民事诉讼的脊椎”。由于我国现行法律的相关规定并非十分完善,而且理论上学说众多、各有千秋,承担行为责任者不一定承担结果责任,承担结果责任者一定承担行为责任。
In civil lawsuit, evidence is the core issue, and the burden of proof is the key point of civil evidence system. The theory of the distribution of burden of proof is called “the spine of civil procedure”. As the relevant provisions of the current law in our country are not perfect, and there are many advantages and disadvantages in theories and theories, those who assume the responsibility for the act may not necessarily bear the responsibility of the result, and those who bear the result must take the responsibility for the act.