一问起我国民事诉讼的证明责任分配标准,可能连非法律人都会知道有“谁主张,谁举证”这么一句话,这句看似天经地义的口号也好、原则也罢,由于其本身的逻辑不通、实践指导性差,近年来越来越多地引起了学界与实务界的反思。本文将从“谁主张,谁举证”这一提法的来源、造成的概念混乱等方面进行阐述,说明“谁主张,谁举证”不是证明责任的分配标准。 Asked about the burden of proof of civil litigation in China, the standard of non-legal people may even know that there is such a saying as “who claims and who testifies.” This seemingly justified slogan is worth noting that due to its own Logical barrier, poor practical guidance, more and more in recent years has aroused the reflection of academia and practice. This article will elaborate from the sources such as “who claims, who evidence ”, the confusion caused by the concept, indicating “who advocates, who evidence ” is not the standard of distribution of burden of proof.